MULTICULTURALISM IN PUBLIC POLICIES PUBLISHED BY Academic Network for Cooperation in South-East Europe Institute of Social Sciences, Belgrade Institute for Ethnic Studies, Ljubljana Centre for International and Security Studies, Faculty of Political Science, Zagreb
EDITED BY Dr Goran Bašić Prof. Dr Mitja Žagar Prof. Dr Siniša Tatalović
INTERNATIONAL EDITORIAL Prof. Dr Joseph Marco (Institute of Public Law and Political Science, University of Graz, Austria), Prof. Dr Florian Bieber (Centre for Southeast European Studies, University of Graz, Austria), Prof. Dr Rudi Rizman (Faculty of Philosphy, University of Ljubljana, Slovenia & University of Bologna), Prof. Dr Marijana Pajvančić (Faculty of Law, University of Novi Sad, Serbia), Prof. Dr Lidija Kos Stanišić (Faculty of Political Science, University of Zagreb, Croatia), Prof. Dr Stefano Bianchini (Departmant of Political and Social Studies, University of Bologna, Italy), Dr Sonja Novak Lukanovič (Institute of Ethnic Studies, Ljubljana, Slovenia), Prof. Dr Mirjana Rašević (Institute of Social Sciences, Belgrade, Serbia), Prof. Dr Šaćir Filandra (Faculty of Political Sciences, University of Sarajevo, Bosnia and Herzegovina)
The papers in this volume were published on the basis of reviews written by: Prof. Dr Vladimir Vuletić, Faculty of Philosophy, University of Belgrade Dr Vera Klopčič, Institute for Ethnic Studies, Ljubljana Prof. Dr Robert Mikac, Faculty of Political Science, Zagreb
TRANSLATION INTO ENGLISH AND PROOFREADING „M.Prevodi“, Belgrade
GRAPHIC DESIGN AND LAYOUT Milorad Mitić
PRINTED BY Faculty of Technology and Metallurgy of the University of Belgrade, Development and Research Centre of graphic engineering Prof. DrSinišaTatalovi Prof. DrMitjaŽagar Dr GoranBaši EDITED BY IN PUBLICPOLICIES MULTICULTURALISM Belgrade, 2018 edited volume ć ć Contents 5 edited volume ć
ć ć ć alasan uši ć ć Ć č - ć 8 6 96 36 62 150 182 211 128 Part 6 Part 7 Part Part 4 Part 5 Part Part 1 Part 2 Part 3 Part Foreword Mitja Žagar Goran Baši Mirza Smaji Rubin Zemon Siniša Tatalovi Siniša Tatalovi Ružica Jakeševi About the authors Antonija Petri Antonija Danijela Vukovi Danijela Policy of Multiculturalism in Serbia: of Multiculturalism in Policy in the Countries on the Balkan Route on the Balkan in the Countries Multiculturalism Policy in Montenegro Multiculturalism Policy Multiculturalism in Bosnia and Herzegovina Macedonian Salad: Managing Virtual Reality Diversities, Multiculturalism, Inter-Culturalism Inter-Culturalism Multiculturalism, Diversities, and Diversity Management in Southeast Europe Management and Diversity Between Legal Confusion and Social Segregation Confusion Between Legal among the Imaging of the Nation- State, Dreaming among the Imaging of the Nation- State, Threatening Assimilation and Cultural Segregation AssimilationThreatening and Cultural Multiculturalism and Developing Bi-Cultural Policies Bi-Cultural Multiculturalism and Developing Security Policies, Practices and Narratives on Migration and Narratives Practices Security Policies, In Search of Multicultural Elements of the Croatian Minority Policy: Minority Policy: In Search of Multicultural Elements of the Croatian Foreword
The Academic Network for Research Support in Southeast Europe was based on the ideas and activities developed and fostered through the research of multiculturality and ethnicity by researchers in several university centres in the region – the Institute for Ethnic Studies in Ljubljana, the Centre for International and Security Studies at the Faculty of Political Science in Zagreb, and the Centre for Ethnicity Research in Belgrade. Although formal cooperation has never been established among these rather diverse institutions and organisations, the flow of ideas and communication among them has been maintained continually. Since 1996, a group of experts gathered around Professor Siniša Tatalović of the Faculty of Political Science in Zagreb, has been organising multidisciplinary scholarly gatherings on ethnicity research methods and diversity management practices in multiethnic societies. In Belgrade, a group of dedicated experts from the Centre for Ethnicity Research has developed the first comparative research of multiculturalism policies in the region, published in the collections of papers Demokratija i nacionalne manjine [Democracy and National Minorities] (2002), Democracy and Multiculturalism in South East Europe (2003) and Perspektive multikulturalizma u državama zapadnog Balkana [Prospects of Multiculturalism in Western Balkan States] (2004). Finally, in Ljubljana, at the Institute for Ethnic Studies, founded in 1925, diverse research has been conducted on the phenomena of multiculturality and ethnicity. Although they developed independently of one another, these research endeavours and activities have been linked in intellectual synergy and the common need to provide answers to the questions on the organisation of multiethnic societies, emerging in the course of the democratic transition of the region, consequently resulting in the creation of a tightly knit network of researchers and ideas, which easily attracted and expanded the circle of collocutors and collaborators. The Institute of Social Sciences in Belgrade, with its strong academic centres researching migration and ethnicity, recognised the importance of the aforementioned research and first joined in, and later developed and strengthened the structure of the network. The Academic Network for Research Support in Southeast Europe was established at the round table Democracy, Multiculturality and Ethno-Cultural Policies in West Balkan States and, in addition to the three aforementioned academic institutions, the co-founding document was also signed by the Faculties of Political Sciences from Sarajevo and Podgorica and the Euro-Balkan 7 University from Skopje in early September 2017.
The collection of papers Multiculturalism in Public Policies offers edited volume a review of the ongoing issues concerning the status of national and ethnic minorities and immigrants, as well as of the ways in which their status is regulated in five countries of the region: Bosnia and Herzegovina, Montenegro, Croatia, Macedonia and Serbia. Although all these states have adopted multiculturalism policies, they are facing different challenges of multiethnicity. The institutional and social responses to these challenges have not always been in line with the expectations of the people to live safely, unafraid of being abused due to their nationality, religion or any other personal trait rooted in their ethnicity. The characteristics of the existing multiculturalism policies were carefully analysed in this publication and the ideas offered herewith by the authors to the scientific and social community are to contribute to deliberations on the organisation of multiethnic societies based on trust, the rule of law and stability.
Goran Bašić Mitja Žagar Siniša Tatalović Mitja Žagar Institute for Ethnic Studies, Ljubljana, Slovenia Institute for Ethnic Studies,
8 Аутор 9 edited volume erent approaches erent 1 ff ective strategies of ff Europe,cally Southeast fi and maps ofnitions fi uenced their authors. I present fl Southeast Europe, the Balkans, multiculturalism, the Southeast Europe, of regions, as well as mental and geographic mapsnitions fi regulation and management of socially relevant diversities inregulation and management of socially relevant plural and diverse contemporary societies. Keywords: diversity management. inter-culturalism, geographic and political regions, speci geographic and political that concepts and Balkans. It shows The Balkans and Western de neutral, but rather products of times,are not value and ideology ideologiesenvironments and circumstances, including values, and balance of power that in multi-ethnic, multicultural and multi-religious composition and thatnature of regions as, well as of individual countries determine the social framework in which di policies ofto, as well as concepts, ideologies, strategies and are developed and multiculturalism and inter-culturalism applied. Ideologies, strategies and policies of multiculturalism are analysed as segments of successful and inter-culturalism diversity management, particularly of e The chapter discusses concepts, de The chapter discusses concepts, implemented in the past decades and funded by the ministries responsible for science, research and development of the Republic of Commission, Council of European Slovenia, Slovenian Research Agency, United and Cooperation in Europe, Organisation for Security Europe, Nations with some of their specialised agencies, etc. This chapter is based on research and different expert activities This chapter is based 1 A b s t r a c t Diversities, Multiculturalism, Multiculturalism, Diversities, and Diversity Inter-Culturalism in Southeast Europe Management P a r t 1 1. Introduction: The context
Southeast Europe is one of Europe’s most diverse and plural regions. Diversities and pluralities there are logical consequences of historical developments, considering the fact that (traditionally) the Balkan Peninsula as the key constituent part of Southeast Europe has been a natural bridge for historical (human) migrations2 as well as traditional crossroads of peoples, civilizations and religions. As a consequence, the population(s) of Southeast Europe and, particularly, the Balkans, as well as individual states located there are ethnically, linguistically, culturally, religiously and otherwise plural and diverse.3 Speaking of geographic regions, we usually consider them objective facts. However, this is not the case. Politically as well as scholarly, defining regions and geographic areas – by including or excluding certain territories, by determining criteria for inclusion or exclusion and by attributing specific characteristics to certain areas – is of crucial importance. Maps are and have always been social 10 construct(ion)s. In other words, maps, mental and geographic ones,
Mitja Žagar particularly political maps, as well as the selection of objective and subjective criteria and elements that determine geographic regions, are all subjective, socially and ideologically conditioned. They are products of their times, social conditions, balance(s) of power, prevailing interests, values, ideologies, perceptions and interpretations that exist in certain times. Additionally, their authors usually pursue certain social, political, military and ideological goals. Although scholars, including geographers and historians, attempt to objectivise their findings, views and interpretations and often claim their objectivity, they are products of their times and cannot be value and ideology neutral.4
2 This natural bridge played a role already in the initial historical migrations out of Africa to Europe as well as throughout the history. See, e.g. The Great Human Migration, Smithsonian.com. 3 Even the merest glimpse at the statistical data concerning the population of the countries in the region, as well as at the relevant encyclopedic entries confirms this claim. 4 Discussions on the objectivity and subjectivity of research, and particularly in social sciences, persist for decades. Research methodologies and apparatus used by researchers should contribute to the objectivity of 11 edited volume broader comparative 5 I have been studying Southeast Europe, particularly the particularly Europe, studying Southeast I have been that I am using in my research of social phenomena is presented in that I am using in my research of social phenomena is presented in Annex I: Triangulation. research. However, as Gunnar Myrdall (1969) points out, as Gunnar Myrdall (1969) points research, research. However, research results and particularly their interpretation in social sciences and humanities, but also in other sciences (including natural sciences and are never value or ideology free. disciplines), A simple visual presentation of triangular research approach/method A simple visual presentation of triangular research approach/method 5 Balkans and the territories of the former Yugoslavia for more than the former Yugoslavia the territories of Balkans and identity, focuses on the population(s), My research three decades. coexistence, religion(s), culture(s), ethnic relations, ethnicity, cooperation and conflict,inclusion, integration, as well as on historical, economic, political and social development, and and politics in individual countries democratisation, policies case studies and in comparative regions, used as specific research interests are studying context,perspective. In this key my and conflict in diverse societies, coexistence, cooperation and perspective of successful regulation particularly from the promote relevant) diversities that aim to management of (socially of as well as prevent the escalation inclusion and integration, to manage and – when this proves impossible – crises and conflicts and/or resolve them. As an advocate of human rights, social inclusion, integration, activist and promoter of free and equal democracy democratisation, I hope that this can be done in and based on human rights inclusive, peaceful and democratic ways rights and protection in and I stress the importance of minority this context. In my research, I try to use research approaches and law and humanities in order methods developed in social studies, I level of objectivity. to rigorously pursue the highest possible phenomena listed above believe that researching complex (social) and methodologies, requires complex research approaches triangulation, multi- and inter-disciplinarity, contexts, as well as their (innovative) combinations as advocated contexts, as well as their (innovative) eds.; & Keating, Porta by methodological pluralism (e.g., della as pointed out above, research cannot be value 2008). However, I should add that I appreciate and ideology free. Consequently, as well as care for them. In these territories and peoples, and like influence my research, its other words, my attitudes and values (e.g. Žagar; 2012). findings and particularly interpretations As presented, speaking of and defining Southeast Europe, the Balkans and, recently, the Western Balkans is not socially or politically neutral and objective. There are no universally accepted definitions of those regions. Additionally, definitions of those regions might change in time, and they do. Usually, for my research I use the following definitions of the Balkans, the peninsula named after one of its mountain chains.6 Geographically, I define it as the region which includes the territories delimited by the lower Danube and Sava rivers (to the North), by the Adriatic Sea and Dinara Mountains (to the West), the Ionian Sea (to the South-West), the Mediterranean Sea (to the South), the Aegean Sea (to the South-East) and the Black Sea (to the East). According to this geographical definition, the territories of Slovenia, Croatia North of the river Sava and Istria peninsula, Serbia North of the rivers Sava and Danube, particularly Vojvodina, Serbian northern province, as well as Romania North of the river Danube are not parts of the Balkans. I tend to follow traditional political definitions of the Balkans and include the entire territories of Albania, Bosnia-Herzegovina, Bulgaria, Greece, Kosovo, Macedonia, 12 Montenegro, Romania, Serbia, as well as the European part of Turkey
Mitja Žagar that without doubt are the Balkan countries and define themselves as such. Considering historical and political developments and criteria, however, sometimes my political definition of the Balkan region also includes Croatia although it is geographically only partially a Balkan country and Slovenia, as parts of the former Yugoslavia. Among those countries Bulgaria, Croatia, Greece, Romania and Slovenia are the European Union (EU) member states, while the others (with different candidate statuses) aspire to become EU member states. In this context, the EU recently introduced a new, in my view unnecessary and highly problematic political region – the Western Balkans – which includes Albania, Bosnia-Herzegovina, Kosovo, Macedonia, Montenegro and Serbia. (Žagar; 2012; 247) In addition to the listed Balkan countries, considering geographic and political definitions of the region, Southeast Europe includes Moldavia and in the opinion of some South-Caucasian countries, Armenia, Azerbaijan and Georgia. Sometimes Hungary,
6 The name of this mountain chain and consequently the peninsula derives from a Turkish expression for mountains ’Balkan’. 13 edited volume It refers to those countries of the It refers to those countries 7 ” (Žagar; 2012; 247-248) 8 Probably the most problematic,Probably the most to political when it comes “However, the perceptions of the region that as a natural the perceptions of the “However, bridge between Asia has been a historic and Europe been that bad; at crossroads of peoples have not always of romanticism it was some points, particularly in the period considered very oriental and was idealised as the exotic, Austria- civilization. Consequently, cradle of the European Hungary and define itself a Central European was proud to Balkan Monarchy. An additional complication regarding these regions is their An additional complication regarding Wester Balkans = former Yugoslavia + Albania – Slovenia – Croatia. Balkans = former Yugoslavia Wester interpretations thereof see in e.g., Banac (1993, © 1984); Crampton, R. & Crampton, B, (1997); Jelavich, C. & Jelavich, B. (1977); Sugar & Lederer, Macedonia, Montenegro and Serbia. In this context, some also use the following equation: More on the turbulent historyMore on the turbulent of the Balkans and different In their view, this region includes Albania, Bosnia-Herzegovina, Kosovo, Kosovo, includes Albania, Bosnia-Herzegovina, this region In their view, 8 7 and ideological determination and conditioning is the region (and and conditioning is the region and ideological determination has recently Balkans. This concept concept) of the Western and EU community and is used by the emerged in the international organisations. some international as well as Slovakia and even Ukraine might be included. In this Ukraine might be included. Slovakia and even as well as context, Hungary, should mention that we and Slovenia Slovakia European themselves as Central and promote usually define of traditional with the majority which is consistent countries, that it is also a stresses Slovenia, however, geographic definitions. Mediterranean country. Montenegro Albania, Croatia, Greece and Sea countries also consider themselves as well as the Black (Žagar; 2012; 247-248) Mediterranean countries. usually negative image and perception(s) in the international in the international usually negative image and perception(s) community and global public. might be an important reason This that Croatia, Hungary and Slovenia, that shared the region’s turbulent history several ties with the Balkans, are and established trying it. to disassociate themselves from region which aspire to become EU member states, and which in the member states, and which in the to become EU region which aspire to be better integrated view of the international community need and conflicts. However, into it to prevent possible future problems and foundations. this concept has no (other) historic roots Present day negative perceptions of and attitudes towards the Balkans emerged in the nineteenth century when the (unpredictable and uncontrolled) fragmentation of the Ottoman Empire begun. They intensified in the twentieth century with the formulation and spreading of the concepts of Balkanisation and Balkanism (Nesting Balkanisms).9 Referring to fragmentation, intolerance, ethnic and religious tensions and conflicts, as well as attributing the region centuries or even millennia of hatred and warfare, these concepts tend to ignore important historical developments and facts. In different periods and environments, the region has also demonstrated a remarkable tradition of coexistence, tolerance, inclusion and cooperation between distinct ethnic, religious and/or cultural communities and groups. Different traditional modes, mechanisms and models of coexistence, tolerance and cooperation, as well as (collective) protection of minorities had emerged and evolved, particularly at the local level, before they were marginalised and/or abolished by modern bureaucratic states, particularly nation states that thus attempted 14 to consolidate their power and eliminate potential competition. Mitja Žagar
eds. (1969). For different accounts see also e.g., Ninić (1989); Stavrianos ([1958]); Stoyanov (1994); etc. 9 Credited to different authors (e.g., Lord Arthur James Balfour, First earl of Balfour (during WWI, possibly in 1915), James Louis Garvin (1920), while A.J. Toynbee (1922) credited it to “German Socialists” describing the results of the treaty of Brest-Litovsk, etc.), the concept and term Balkanisation refer to the historical developments in the region and the process of decay and (unpredictable) fragmentation of the Ottoman Empire in the period 1812/1875-1912 as well as the dissolution of the Austro-Hungarian Empire at the end of WWI, when a number of new states emerged in the region. Later, the term was used to describe developments in other parts of the world as well, particularly aspirations and actions of diverse secessionist and (national) liberation movements, particularly their struggle for independence (e.g., decolonisation and later on secessionist movements in Africa, secessionist movements and politics in Quebec, Canada, in the Basque Country and Catalonia in Spain, etc.). Traditionally, the majority position has been that uncontrolled and excessive fragmentation was negative and dangerous. Those negative perceptions further strengthened when ethnic cleansing and genocide in Bosnia-Herzegovina were attributed to Balkanisation. (E. g. Balkanise/Balkanisation, Dictionary.com; English Oxford Living Dictionary.) The concept and term Balkanism (Nested Balkanisms) were developed by Maria Todorova (1997) in her influential monograph Imagining the Balkans. 15 edited volume 10 meworks. As a longer-term meworks. As a longer-term es with major implications to the future development es with major implications to the future In contrast to the general public opinion and views of theIn contrast to the general Ottoman Empire in the late fifteenth century and Spain, from Portugal while the last wave came in the nineteenth century. settled mostly They the Jews in the Ottoman Empire were well treat- in Sarajevo. Generally, ed, enjoyed certain autonomy and (minority) rights (including the rights Consequently, to trade, buy real estate/property and build synagogues). at Jewish communities in the Empire did well, better than in the West the time, and thus flourished. The first Jews arrived to Bosnia-Herzegovina, at that time a part of the The first Jews arrived to Bosnia-Herzegovina, 10 majority of scholars that are predominantly negative and perceive that are predominantly negative and majority of scholars trouble spot,and attitudes my perceptions of the region as Europe’s Balkans as its core and subsequently the Europe towards Southeast constituent part, of the are more positive. Although I am aware turbulent history, as and a number of regional problems, complexity might bring, I dangers that the future developments well as of many potentials legacies and its present and future can also see its positive and possibiliti All countries of and the global international community. of Europe (the neighbourhood, Europe the region, countries in its immediate and Russia included), international organisations and structures, EU have common vital as well as the global international community peace, democracy and sustainable interests entailing stability, they shall together do development in the region. Consequently, particularly by developing their best to contribute to those goals, of a better life and future the region and introducing the prospects this end, they shall promote and to its inhabitants and peoples. To and successful links develop mutually beneficial, firm, productive countries of the region, and cooperation among and with the fra regional and broader structures and perspective, these countries should be ensured equal inclusion into perspective, these countries should be and global integration processes and security structures. European that Europe I am shocked Considering those common interests, whole, particularly its main and the international community as a Unfortunately, states failed to replace traditional modes, methods traditional modes, failed to replace states Unfortunately, and minority tolerance, cooperation of coexistence, and models might be ones. A case in point by adequate new protection fled to the Jews who offered a safe haven that Bosnia-Herzegovina and North of and pogroms in the West the Inquisition, intolerance were expelled from those countries. or Europe global actors, often fail to recognise the importance of their roles and contribution(s) for the peace and stability of the region, as well as for its continuous, stable and sustainable economic and social development.
“Considering strategic importance of the region and historic experiences, particularly the role that the region had during WWI and WWII, the international community shall recognise the importance of peace and stability in the Balkans for long-term peace and stability worldwide. … [T]he best strategy that the countries in the neighbourhood, the EU and the international community shall follow is to invest, economically and politically by stimulating democratic developments in the countries of the region and regional structures, including international organisations that can contribute to the stable, peaceful and sustainable economic, social and cultural development. They shall not only develop international and national governmental assistance and 16 investment programs, but shall also stimulate and
Mitja Žagar coordinate private investment. These investment and development strategies shall take into account specific situations, conditions and interests of specific local environments, countries and the region and shall not simply be imposed from outside, following the logic and narrow interests of the investors. Consequently, such international investment and assistance programs, particularly direct foreign investments need to be open, inclusive and flexible. They shall, whenever possible stimulate cooperation and investment of local investors within countries as well as in the region, among others by stimulating and assisting development of local investment consortia and funds also by providing the necessary funding.” (Žagar; 2012; 248)
We can hope that perspectives of successful and sustainable economic and social development, based upon mutually beneficial long-term economic cooperation that considers the Balkans, Southeast Europe and other less developed and marginal(ised) regions (often called the world’s periphery), as well as individual 17 edited volume Consequently, this chapter addresses the issues of social, Consequently, Although we agree that successful, ideally also sustainableAlthough we agree that successful, ideally cultural and ethnic plurality and diversity in the regions of Southeastcultural and ethnic plurality and diversity in and the Balkans, multiculturalism and inter-culturalism Europe individual countries and the regions, as well as strategies of the could regulation and management of diversities at all levels. We that successful diversity management at all levels (fromhypothesise local, subnational and national to international) is necessary for economic development, prosperity and optimistic economic necessaryexpectations of the population are the conditions for of the region,peace, stability and successful social development they are by no means sufficient. Economic development and they are just segments of prosperity are very important. However, of countries and regions and,successful (holistic) social development of their successful all-encompassing development consequently, element of such development strategies in plural strategies. A key of successful strategies ofand diverse environments is the creation ofdiversity management, more precisely strategies and practice(s) socially relevant) diversities.the regulation and management of (all Realising that all contemporary are plural and diverse at societies least to a certain extent, successful diversity management is a relevant issue in all societies. countries in those regions, to be their equal partners, could change could change be their equal partners, in those regions, to countries towards this region. of and attitudes perceptions (usually) negative of geographic,Being aware and climate social, ecological development of specific regions, potentials and limits conditions, and development that promote social strategies of sustainable (new potentials and opportunities that attract economic inclusion, also contribute to the investments could domestic and foreign) and the mental maps and perceptions of Europe transformation of world. In this context, existing ethnic, the linguistic, and religious richness, all socially relevant differences, cultural pluralism and rich and turbulent historydiversities and asymmetries, well as as promoted by (historic (re)interpretations) competing histories and in the region should be presented distinct communities societies. and objective facts of those considered as characteristics advantages and They shall be promoted as relevant comparative environment.important added value in a specific diverse long-term peace and stability in plural societies. Additionally, I would claim that democratisation and political stability, successful development, ethnic, minority, multicultural and intercultural policies and strategies, as well as prevention, management and/or resolution of crises and conflicts should be considered the necessary components of every effective diversity management strategy.
2. Ethnic and Religious Plurality, Multicultural Reality, Multiculturalism and Inter-Culturalism11
The following chapters present a more detailed overview of the situations, strategies and policies of multiculturalism in some Balkan countries, their international context, as well as migrations in the region in the context of multiculturalism. Consequently, this section deals with the broader, particularly conceptual and theoretical framework. As already mentioned, all countries and the Balkan region as a 18 whole are culturally, ethnically and religiously plural and diverse, i.e.
Mitja Žagar heterogeneous. These pluralities and diversities constitute their multicultural, multi-ethnic and multi-religious realities. Consequently, we can define and classify those countries and societies as multicultural, multi-ethnic and multi-religious ones. In other words, the adjectives multicultural, multi-ethnic and multi- religious simply describe the existence of such pluralities and diversities in those environments and determine their bases/criteria, types and nature. Of course, in addition to the aforementioned pluralities and diversities, other pluralities also exist in contemporary societies, such as, for example, pluralism and diversity of interests, political and party pluralism (reflected in multi-party democratic systems), property and ownership pluralism (e.g., private, public and state property, common good), etc. Consequently, cultural, ethnic and religious pluralism and diversities are just some segments and specific dimensions of social pluralism and socially relevant diversities that we need to regulate and manage adequately in order to provide long-term peace and stability in those environments.
11 See, e.g., Žagar (2006/7 – ©2008; 2007/8 – ©2010). 19 edited volume 12 Regardless of the specific origin and development of the Regardless of the specific origin and development Multiculturalism that emerged and developed in Canada in Should the terms multicultural and multi-ethnic societies and multi-ethnic terms multicultural Should the For additional information see e.g., Bešter (2006). For additional information 12 dealing with cultural, linguistic,dealing with cultural, pluralism, ethnic and religious well as and diversities in diverse societies, as collective identities relevant and management of the socially recognition, regulation religiously and otherwise ethnically, plural diversities in culturally, and diverse environments, etc. terms and concepts of multiculturalism and inter-culturalism, both and inter-culturalism, terms and concepts of multiculturalism This and/or as synonyms. terms are frequently used interchangeably evolution and development might be attributed particularly to the Both concepts, of the concept of multiculturalism in time. have become important multiculturalism and inter-culturalism, migration (particularly immigration) elements of ethnic, minority, of certain countries and and integration policies and strategies international forums. As ideologies, strategies, other democratic of)policies and practices based on the (principles voluntary, equal of diverse distinct and full social inclusion and integration and justice them, equality, communities and persons belonging to and minority protection, human rights, including minority rights should replace (or at least multiculturalism and inter-culturalism practices of involuntarycomplement) ideologies, policies and assimilation, segregation and exclusion. the 1960s and 1970s refers to the principles, regulation(s) and the 1960s and 1970s refers to the principles, regulation(s) policies in a multi-ethnic society that formally recognises and • theoretical concepts (theories), frameworks and models for the frameworks and models for the (theories), theoretical concepts • • political principles, • systems, (political) ideologies/value • of strategies, (specific) policies and measures approaches to, • refer to plural, diverse and usually asymmetric social realities, asymmetric diverse and usually refer to plural, and inter- popular terms multiculturalism and sometimes catchy concepts and (social and political) describe complex culturalism terms and concepts (i.e., those Consequently, social phenomena. understood as: can be inter-culturalism) multiculturalism and affirms the existence of diversities and distinct communities, establishes and guarantees their (special) rights, equal status (possibly with autonomy) and adequate protection. Its central aim is to establish conditions for the coexistence and cooperation of all the distinct communities and persons belonging to them, as well as stimulate the preservation and development of their distinct cultures. Gradual evolution of multiculturalism in the following decades transformed it and took into account the (mutual) interactions and interdependence of distinct communities, minorities and majorities, very much in line with the concept of inter-culturalism and its evolution.13 In addition to the traditional contents, forms and models of the (traditional) multiculturalism that established firm rules, the mechanisms and measures for coexistence, inclusion and equal cooperation of distinct communities and persons belonging to them within an environment with the aim to protect and guarantee their preservation, specific identity and distinct development, inter-culturalism still includes new contents and goals. Inter- 20 culturalism pays special attention to the intertwined existence of
Mitja Žagar distinct communities, their common interests and activities leading to new cultural and other practices in the context of constantly evolving cultures and common existence in all other spheres in contemporary diverse societies. If the central goal of traditional multiculturalism is the preservation and coexistence of distinct cultures and collective identities, the central goal of inter- culturalism is to enable their intertwining, cooperation and active common (co)existence, being aware that in such processes distinct cultures and identities are constantly evolving and transforming, also leading to the emergence and development of new ones.14 Multiculturalism, inter-culturalism, (special) minority rights and protection, (social) inclusion, integration and diversity management have become not only public and political catchwords,
13 See, e.g., Goldberg (ed.) (1994); Gutmann (2003); Gutmann & Rockefeller & Walzer & Wolf (eds.) (1992); Kymlicka (1995; 1997; 2000; 2001; 2010); Maíz Suárez & Requejo Coll (2005); Parekh (2002); Taylor (1994; 1994a); Yurdakulçe & Bodemann (eds.) (2007); Taylor (1994; 1994a); etc. 14 See, e.g., Antonsich (2015); Barret (ed.) (2013); Bouchard (2011); Meer & Modood (2012); Modood. (2014); Parekh (2002); etc. 21 edited volume Unfortunately, these proclamations, slogans and policies Unfortunately, often fail to be implemented and realised in practice, while the often fail to be implemented and realised and (programs of)results of the adopted specific measures we might not meet the optimistic expectations. However, action(s) evolution and some important achievements. The could not deny multicultural policies in transformation of multiculturalism and of multiculturalism had been Canada, where the idea and concept policyshaped and translated into an official that has evolved and of the Canadian contributed to the evolution and transformation In this context, we could particularly mention the evolution society. its in the Canadian society, and transformation of the perceptions and nature. Although defined as an multicultural makeup a the main perception of Canada was that of immigrant society, predominantly bi-communal country, focusing on the existence of and Francophone and divisions between the Anglophone to exist and still dominate communities. These divisions continue of the they are just a small part Canadian politics. However, pluralities and diversities that now exist in Canada, a truly multicultural society of traditional communities and immigrants coming from all over the world. Such diverse, multi-ethnic and multicultural reality dominates particularly in metropolitan areas of particularly among liberals, progressive scholars and social activists, and social activists, scholars among liberals, progressive particularly to them, but and persons belonging diverse minorities as well as and in some countries official policies partially, also, at least of multiculturalism and elements segments (Certain environments. declarations, political can be found in political and inter-culturalism as, e.g., and practices of some countries, such and legal documents, UK,Canada, Australia, the some Balkan countries, etc.). Additionally, organisations (e.g., Council of and some international the EU these concepts and policies, UN) also support and promote Europe, to the recognition, regulation and paying special attention socially relevant diversities, simultaneously management of the of awareness raising and public stressing the importance recognition in this context. and acceptance of Public recognition regulation diversities as the basis for successful the socially relevant diversities and asymmetries, and management of those pluralities, for a peaceful and can be considered important preconditions stable development of diverse societies. the Canadian cities, but diversities continue to grow and develop in different urban and rural environments. Canadian multicultural policy has been instrumental in (co)existence, preservation and development of cultures as well as full integration of all – majority and minority – distinct communities and persons belonging to them: the Anglophone and Francophone communities, the First Nations (indigenous peoples and persons belonging to them) as well as immigrants and their communities.15 In Europe, several countries have introduced some elements of multiculturalism and/or inter-culturalism in their cultural, ethnic, minority, (im)migration and integration policies and strategies, although some countries still fail to recognise and protect the existence of ethnic minorities within their territory. In this context, we shall mention the Council of Europe that has played a central role in the development of the European standards for the protection of (traditional) national minorities. Particularly important was the development and adoption of the Framework Convention for the Protection of National Minorities (ETS No.157 – 1995), the 22 most comprehensive international treaty on the protection of the
Mitja Žagar rights of persons belonging to national minorities, and European Charter for Regional or Minority Languages (ETS No.148 – 1992). Simultaneously, though quite slowly, the standards of the protection of immigrants (especially (im)migrant workers) have started to be developed. The progress in the development of the protection of minorities and migrants has further slowed down after 9/11, upon proclamations of the authorities in many countries that limitations of certain human rights, including the rights of persons belonging to minority and immigrant populations, would be necessary to ensure and improve security. This trade off, i.e. restrictions in human rights in order to improve security, proved to be false and ineffective. The limitations of human rights did not eliminate security risks and terrorism. However, the fear of the other, unknown and different, particularly immigrants potentially associated with terrorism, has increased. Nationalist and right-wing politicians and media foster and incite fears that the increasing
15 See, e.g., Gutmann & Rockefeller & Walzer & Wolf (eds.) (1992); Taylor (1994); Temelini (1999); Yurdakulçe & Bodemann (eds.) (2007); etc. 23 edited volume Simultaneously, we witness the we witness the Simultaneously, 16 Regardless of the different attitudes, strategies and policies Regardless of the different attitudes, communities, the most frequent targets of discrimination, intolerance are the Roma and their communities, as well in Europe and xenophobia as other marginalised groups, such as, for example, homosexuals. In addition to discrimination against and hatred for immigrants and their In addition to discrimination against and hatred for immigrants and their 16 migration(s) and the growing number of immigrants, culturally, of immigrants, culturally, growing number and the migration(s) populations, from the traditional and religiously different ethnically of host nature and identity a specific culture, might endanger discourses often nature, such hide their xenophobic To societies. advocate capacities of host societies and focus on the absorption that policies and management of migrations restrictive migration the by stating quotas that determine limit immigration, possibly in some and characteristics (e.g., education, skills, maximum number of acceptable immigrants. and culture) cases also value systems In illegal migration(s). they request the termination of Additionally, growing intolerance and environments, we can detect many and their directed not only towards immigrants xenophobia towards other distinct communities, communities, but also members. minorities and their regarding migration, inclusion and integration, multiculturalism and strengthening of political extremism, particularly populism, strengthening of political extremism, has In such conditions, it nationalism and extreme rightist ideology. sufficiently broad social become increasingly difficult to build and the improvement of consensus needed for the development particularly when it comes to human and minority rights’ standards, Such attitudes might seem the rights and protection of immigrants. studies and projections illogical, considering that demographic developed countries, particularly the demonstrate that European policies that will ones, need immigration and active migration ensure the necessary of immigrants needed to preserve number sustainability of their their current standard of living and ensure these Consequently, economies, welfare state and societies. and effective and execute countries should do their best to develop and policies that successful inclusion and integration strategies of immigrants, would facilitate social inclusion and integration and skills, thereby utilisation and development of their potentials and development of increasing their contribution to the wellbeing the host societies. inter-culturalism, including the differences in their implementation, cultural, ethnic and religious pluralities and diversities in European countries continue to increase, particularly due to the continuous migration and movement of people. Consequently, we could hope that these countries will pay adequate attention to the inclusion and integration of all distinct communities and immigrants, as well as to the development and execution of successful strategies, policies and practice in regulating and managing diversity, of which instrumental segments are inclusion and integration policies, as well as minority, migration, multicultural and inter-cultural policies. It would be in the best interest of European and other developed countries that the standards for the protection of immigrants would reach at least the level of the current standards for the protection of national minorities. However, I would hope that minority rights and protection would evolve to include not only individual rights of the persons belonging to diverse minorities but also collective rights of those minority communities. The key element of multiculturalism, inter-culturalism and 24 integration (policies), as well as successful regulation and
Mitja Žagar management of socially relevant diversities, is the social inclusion of all individuals, including (im)migrants and all distinct communities and groups based on the principles of non-discrimination, justice and equality, and on human rights and freedoms. This also requires the evolution and transformation of (im)migration and integration policies and integration models. The practice of integrating immigrants only into the labour market as ‘temporary guest workers’, and consequently into social security and pension systems, used in certain countries (e.g., the FR Germany) proved insufficient, although it ensured the basis for their social and pension security. Expectations of guest countries that “temporary guest workers’ would soon return to the countries of their origin proved to be wrong as many of these immigrants, their families and children (the second and the following generations of immigrants) decided to stay. Their integration into the host societies, however, was often not a simple and very successful process. Consequently, the host countries and their governments had to re-examine their immigration and integration policies and strategies. Different countries opted for different concepts, strategies and policies 25 edited volume As mentioned, multiculturalism and inter-culturalism, In any case, considering the Balkans and Balkan states, we case, considering the Balkans In any and (single) nation-states and (single) inclusion, integration, ethnic, migration strategies, minority and ingredients, legislation, policies, models and practices are the key segments and dimensions of successful and effective diversity management. of diversity This indicates the complexity the regulation and management of more precisely, management or, 3. Regulation and management of diversities diversities and management of Regulation 3. may conclude that all cases and all environments demonstrate a all cases and all environments demonstrate may conclude that and gap between the legal, political certain, usually substantial their and proclamations on the one side, and official documents in those environments on actual implementation and social reality of the region proclaim and Although all countries the other. and multicultural, and that officially declare that they are diverse reality is inter-culturalism, they practice multiculturalism and/or rather different, usually less optimistic. In this context, we could activists and public,conclude that scholars, politicians, social and distinct particularly persons belonging to minorities and inter-culturalism communities evaluate multiculturalism the there are some justified criticisms of However, positively. practices of multiculturalism specific models, strategies, policies and when they are misused in the particularly and inter-culturalism, divisions, marginalisation and/ context of ethno-politics to promote environments. or segregation in their respective diverse which ranged from open discrimination, exclusion and segregation exclusion from open discrimination, which ranged their (involuntary/forced)of immigrants, now assimilation, by rights and unacceptable a violation of human considered to voluntary standards, down democratic of immigrants assimilation options of full, equal and voluntaryand nowadays preferred based on the policies of multiculturalism inclusion and integration equal and voluntary Full, and social inclusion and inter-culturalism. inclusion requires a holistic approach to integration of immigrants spheres that address all (public and private) and integration policies life. of individual’s and social the socially relevant diversities in complex and diverse contemporary societies. Simultaneously, I would like to stress the short- and long-term relevance of the adequate regulation and successful management of the socially relevant diversities for peace, stability and sustainable social development in diverse environments. As it is usually the case with complex concepts and social phenomena, there is no simple and universally accepted definition of diversity management – the regulation and management of the socially relevant diversities and asymmetries. Rather, we can find a number of definitions in scholarly literature, political documents and public discourse that differ in some or several characteristics depending on specific approaches, aims and interests of their respective authors and users. In my research, I am using the following working definition developed for my research projects a few years ago17 that has constantly been evolving in the process:
“… [W]e could describe diversity management as a set of strategies, policies, concepts and approaches, programmes, 26 measures and activities that should ensure equality, equal
Mitja Žagar possibilities, participation and inclusion in all spheres of social, economic and political life (both public and private life) for all individuals and communities within a society, especially for immigrants, persons belonging to national and other minorities, marginalised individuals, minorities and other distinct communities. This should be done in a way that would enable the preservation, coexistence and development of their specific characteristics, cultures and identities, but also their interaction, cooperation, transformation and development of new cultures and identities. Consequently, measures, programmes and activities should be developed and carried out that, on the one hand, prevent social exclusion, negative stereotyping, discrimination, racism and xenophobia and similar negative phenomena, and, on the other hand, stimulate and promote tolerance and equal cooperation and inclusion, intercultural
17 The initial research findings and first concepts were presented in Žagar (2007). 27 edited volume ” (Žagar; 2006/7 – ©2008; 320–321) ” (Žagar; 2006/7 – ©2008; 18 communities and groups into diverse societies. communities and groups into diverse “Taking into account that conflicts are normal phenomena in into account that conflicts are normal phenomena “Taking every plural environment, management successful diversity and and integration policies demand the establishment and institutions for development of functional mechanisms of crises and prevention, management and resolution might be conflicts. … So defined, diversity management and concept (that presented as the broadest framework includes necessary policies, measures, strategies, for the regulation and programmes and activities) management of countless pluralities, diversities and asymmetries in contemporary societies. … [D]iversity management needs to pay special attention to ethnic and However, inclusion and integration policies, measures, inclusion and integration However, education and better knowledge of existing diversities, of existing diversities, and better knowledge education voluntary respect the recognition and based on integration social economic and and distinct identities, of diversities development, etc. of integration Speaking specifically and activities for immigrants, which measures, programmes of integration policies, should include was the initial focus upon their arrival in the host country,assistance immediately of official languages and other training and teaching of information relevant for languages, the provision as training and educational programmes immigrants, as well integration and promote their belonging that can assist their in the receiving society. See, for example, Bešter (2006; 71). See, for example, 18 programs and activities should not focus only on immigrants. Theyprograms and activities should not focus and interests of all individualsshould respond to the situations, needs particularly marginalised andand distinct communities and groups, and that express their will minority ones that are or feel excluded based on the principles to be included and integrated into society, the Consequently, justice and solidarity. of equal rights, equality, programs and activities is main goal of those policies, measures, full, equal and voluntary inclusion and integration of all individuals, distinct cultural pluralism and relations, protection of minorities, prevention, management and/or resolution of crisis and conflict (especially of those crises and conflicts perceived and interpreted as ethnic ones).” (Žagar; 2006/7 – ©2008; 321)
Reflecting scholarly and political debates on multiculturalism and inter-culturalism, diversity management – the regulation and management of the socially relevant diversities and asymmetries – was developed as a response to the need to construct a concept and tool
“…that would enable modern societies to regulate and manage all diversities and asymmetries that exist in them. In a search for an adequate name, the phrase ‘diversity management’ was introduced, which soon became popular and started to be used as a catch phrase. As is often the case, the name and concept(s) were borrowed from different sources, disciplines and fields… In discussing the 28 management of diversities, we should be aware that, in
Mitja Žagar addition to plurality and diversity of diversities and asymmetries within every contemporary society, there are substantial differences among individual societies, which constitute additional dimensions of diversities and complicate their management… [F]or successful management of diversities one should take into account also the whole, global picture with all its dimensions and relevant (social) contexts. In other words, effective diversity management should provide a normative and actual framework in which all different existing and possible socially relevant diversities and asymmetries could be detected, expressed and recognised, but also taken into account in social and political processes when participating actors desire so and express their interests. In this process, the conditions, needs, interests, rights (including duties) and actions of every possible and detectable actor (mostly diverse collective entities with their formal or informal forms of organisation, but also individuals) should be taken into account and the existing system with its institutions 29 edited volume should provide a formal and institutional framework for the institutional framework a formal and should provide of and realisation coordination, harmonisation permanent formulation of (harmonised) and for the diverse interests management is a diversity interests. Consequently, common of creation, promotion and strengthening useful tool for the societies, based on recognition social cohesion in diverse into and possible diversities—taking and respect for existing (as well as all their components), account that societies and permanent categories, are rather than being static temporal dimension in constant processes with their In this context,evolution and transformation. diversity provide for democratic expression, management should of all detected and reconciliation and coordination and for the formulation of common expressed interests members of a society— interests—shared by all or almost all cohesion and the that are the long-term basis for internal diverse societies. If stable existence and development of exist and do not bind such shared common interests do not diverse collective together and lead collective actions of might be a deficit entities and individuals, the consequence in the necessary cohesion, which might lead to the social especially in cases escalation of tensions, crises and conflicts, distinct frequently, when certain collective entities—most and/or communities and individuals—feel exploited should, therefore, consider the discriminated against. We and distinct adequate protection of all existing minorities and their established communities, based on minority rights standards, to be necessary elements of diversity management in contemporary societies. An additional necessary and precondition of successful component integration, as diversity management is successful (social) 321-322) presented above.” (Žagar; 2006/7 – ©2008; Although this monograph focuses on cultural and ethnic diversity in the Western Balkan countries and pays special attention diversity in the Western to ethnic minorities, traditional national and other ethnic minorities, including new ones such as immigrant communities, we should not forget that they represent just one segment and certain dimensions of the diversities in contemporary societies. Moreover, ethnic minorities represent just a share of numerous social minorities that coexist in every plural environment, determined upon specific characteristics such as gender, social status, culture, religion etc. that serve as the determinant of their collective identities. Being plural, diverse and asymmetric, complex and structured, contemporary societies could be observed as interactions and coalitions of diverse minorities that, in different contexts and in a certain environment, form majorities. Additionally, both, minorities and majorities are internally plural, diverse and heterogeneous. Consequently, successful diversity management should consider the whole range of contexts and relations that exist in a certain society. In addition to majority- majority, majority-minority and minority-minority relations, attention shall be paid also to internal composition and relations within specific majorities and minorities.
“Considering that diversities, asymmetries, the existence of 30 diverse and sometimes conflicting interests, and consequently
Mitja Žagar possibilities for escalation of conflicts, are normal phenomena in all plural societies, necessary components of diversity management should be also strategies and mechanisms for the prevention of escalation of crises and conflicts and for their management and/or resolution in cases when preventive strategies, mechanisms and measures do not succeed in preventing their escalation. Consequently, every strategy of diversity management should include also strategies, policies, measures and activities that can be applied in post-conflict situations and societies–paying special attention to rebuilding and developing the economy and infrastructure, rehabilitation of damaged and destroyed social networks and relations, promotion of human rights (including minority protection), democratisation, restoration of trust and conditions for coexistence, but especially to the permanent elaboration, formulation and development of common interests as the basis for equal cooperation in a plural environment. Usually in such circumstances, these elements of the strategy might prove more productive and 31 edited volume However, the prevailing contemporary concept and model However, successful for the rehabilitation of diverse societies than of diverse societies for the rehabilitation successful that do not and reconciliation of punitive justice concepts common development of formulation and focus on the 322-323) (Žagar; 2006/7 – ©2008; interests.” actors of key case, states with their institutions are In any of states as types of social organisations – (single) nation states – (single) of states as types of social organisations – might be a problem in this context. States that in their historical started to develop and evolution in the past three or four centuries that determined them acquired their ethnic dimension and identity nations with their official as states of the dominant titular (ethnic) In this context,languages, histories, symbols, identities… nation- of the national states are perceived tools for the realisation and should be ethnically interests of titular nations that, ideally, otherwise Such a concept and ideology homogenous and unified. nation states, particularly perceptions and desires that of (single) religiously and otherwise culturally, states should be ethnically, contradict plural, diverse and asymmetric homogenous, however, reality of contemporary societies. Still, nation states, more politicians, elites and certain precisely their institutions of power, particularly nationalists within titular nations with their ideologies that do others and policies, often consider the existing diversity, not belong to the titular nation and particularly minorities, to successful diversity management,successful diversity responsible for developing, and its normative framework, structures regulating and managing realising its as well as determining and institutions and processes, the policies and measures. From principles, goals, strategies, perspective of ethnic, cultural and religious diversities which occur in contemporary and societies and need to be regulated and responsible for the development managed, states are inclusion and integration ethnic, of adequate minority, execution policies that are the crucial ideologies, strategies, legislation and elements of every and management of successful regulation this context,those socially relevant diversities. In ideologies, and inter-culturalism strategies and policies of multiculturalism tools that and key are possible, at present desirable approaches states could use. create problems or, at least, obstacles to the effective functioning of the respective states. Even when states (pro)claim officially that they are civic and ethnically neutral, state policy and practice often reflect contradictory views, ideologies and policies. In such circumstances, others that do not belong to the titular nation in the respective state, particularly (social) minorities, can feel excluded and marginalised, and possibly discriminated against. For them, interested in their voluntary, equal and full (social) inclusion and integration, the existing nation states might seem to be a problem rather than a solution. Addressing their fears, one could expect that states would embrace and utilise ideologies, strategies and policies of multiculturalism and inter-culturalism. However, perceived as opposing to the presented traditional concept and ideology of single nation-state, multiculturalism and inter- culturalism are frequently not applied in practice even when states officially proclaim them as their strategies and policies in dealing with cultural and ethnic diversity. Considering the conceptual issues addressed in this 32 chapter, as well as the normative frameworks and situations in
Mitja Žagar individual countries in the region presented in the following chapters, we could conclude that successful diversity management at all levels is necessary for the long-term peace and stability, and successful functioning of democracy in plural societies. Consequently, adequate strategies and policies of diversity management need to be developed, coordinated and executed harmoniously at all levels. In this context, successful diversity management requires formal and actual recognition and acceptance of all socially relevant diversities, including cultural, ethnic and religious ones. Additionally, necessary are the effective regulation and management of those diversities that shall include strategies and policies of inclusion, integration, ethnic, minority, (im)migration, multiculturalism and inter- culturalism, as well as mechanisms that can address potential problems, crises and conflicts. We could hope that the countries of the region will recognise the need to develop such strategies (at the national and subnational levels, namely local, regional and national ones) and decide to cooperate in developing and executing the regional strategy of diversity management. 33 edited volume
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− 37. − (36), 2: 237-249. Interests (Common) (Common) , (6), 2006/7: 307-327. , (7), 2007/8: 353-406. (2007) 52: 6 Citizenship and Immigrant Citizenship and Immigrant Demands/ Interests/Agendas Southeastern Europe Relations Needs/Conditions/ Monitoring & Monitoring Decision Making Agenda (setting) & Agenda Evaluation & Evolution Evaluation Responses/Supply The Constitutional and Political Regulation of Ethnic Relations of Ethnic Relations Regulation and Political The Constitutional (Ljubljana: Institute for Ethnic Studies: 73-84. for Ethnic Studies: (Ljubljana: Institute European Yearbook of Minority Issues of Minority European Yearbook European Yearbook of Minority Issues European Yearbook Actions Policies & Policies Measures & TRIANGULATION – TRIANGULARTRIANGULATION APPROACH: Needs – Demands – Responses Scheme Incorporation: Comparative Perspectives on North America and Western Europe. and Western on North America Perspectives Comparative Incorporation: Macmillan. Palgrave Basingstoke: of Ethnic Regulation and Management Political Constitutional, Legal and including Prevention, Management and/or Pluralism and Relations, Conflicts as Components of Diversity Management.Resolution of Crises and documents and in gradivo/Treatises Razprave Concepts. From a Canadian Policy to a World Philosophy.” In: Žagar, M. & Jesih, B. & M. & Jesih, In: Žagar, Philosophy.” Policy a Canadian to a World From R. (eds.), Bešter, and Conflicts. ; 30 November 2017). history/the-great-human-migration-13561/ Reconciliation in the Process of State- and Nation-Building in the Western in the Western Reconciliation in the Process of State- and Nation-Building Balkans. intellectual journey to the Balkans. ©Mitja Žagar, 2013 (Otto Feinstein, Mitja Žagar, 1988) Feinstein, Mitja Žagar, 2013 (Otto ©Mitja Žagar, ANNEX I: Temelini, Walter. 1999. “Canada’s Multiculturalism Policy: Multiculturalism Past, Present And Future 1999. “Canada’s Walter. Temelini, Žagar, Mitja. 2007. Diversity Management—Evolution of Concepts: International, Mitja. 2007. Diversity Management—Evolution Žagar, Ideas to – ©2008. Diversity Management and Integration: From Mitja. 2006/7 Žagar, Yurdakul, Gökçe & Bodemann, Y. Michal (eds.) 2007. Bodemann, Y. & Gökçe Yurdakul, The Great Human Migration, Smithsonian.com (https://www.smithsonianmag.com/The Great Human Migration, Žagar, Mitja 2007/8 – ©2010. Human and Minority Rights, Reconstruction and Mitja 2007/8 – Žagar, Žagar, Mitja. 2012. Essay: (Re)thinking and (re)imagining South-eastern Europe or an South-eastern Europe and (re)imagining (Re)thinking Mitja. 2012. Essay: Žagar, ć ć Siniša Tatalovi Ružica Jakeševi F aculty of Political Science, University of Zagreb, Croatia Science, University of Zagreb, aculty of Political F of Zagreb, Croatia Science, University of Political Faculty
36 Аутор 37 edited volume Annual ASN 1 nd Some of the recent and current practices and narratives in Some of the recent and security environment point to the verythe European strong in some instances the most trend of securitization and of migration and be ‘criminalisation’ appropriate term would exacerbated by the mass migrants. Such trends were Middle East movement of forced migrants mostly from the which was termed as the ‘European towards Europe, impetus to migration crisis of 2015/2016’. This crisis gave some negative developments at domestic, bilateral and level, since there is still a lack of consensus European countries member states and European between EU and on the generally on the appropriate migration policies Such trends nature of the current migration towards Europe. can be observed up the which make in different countries the territoryso-called Balkan Route, which stretches through The and Austria/Germany. of six countries between Turkey almost mass inflow of migrants though this route was deal completely stopped in March 2016 after the EU-Turkey due to the rising tensions had been achieved. However, especially some member states such as the between the EU, there is an increasing and Turkey, Netherlands and Germany, has concern that this route might be re-opened. This which point motivated some changes in different countries to migration, out to increasingly security-oriented approach with the strong emphasis on prevention, effective border World Convention, Harriman Institute at Columbia University, New York New York at Columbia University, Convention, Harriman Institute World May 4-6 2017. City, Parts of this paper were prepared and presented at the 22 Parts 1 A b s t r a c t Security Policies, Practices Practices Security Policies, on Migration and Narratives Route the Balkan on in the Countries P a r t 2 controls, push-backs, restrictive asylum policies and militarisation of usual police functions.
Keywords: migration, securitisation, European migration crisis, Balkan Route countries, security policy
Introduction
In different contexts, migration is increasingly being assessed in the light of the so-called ‘new’, ‘non-military’ security challenges/ threats, and as such has been used by securitising actors in different countries for achieving their political goals. Increased migration towards the European Union and its impacts on relations between the individual member states show that it is necessary to harmonise their interests and transform common migration and asylum policies as soon as possible. Different policies of the EU member states during the recent migration crisis of 2015/2016, when hundreds of 38 thousands of people from the refugee camps in Turkey started to
Ružica Jakeševi move towards the Western Europe, have led to serious problems in the management of migrations on the territory of Europe and their utilisation for domestic policy purposes. The whole system, which did not envisage any mechanisms for mass migration and large influx of people over a short period of time (except the 2001 Directive on Temporary Protection), with the Dublin Regulation assigning ć , Siniša Tatalovi particular roles to the states at the external borders, completely crushed down with the opening of the Balkan Route, since the EU and national institutions of particular states were unable to come up with commonly acceptable solutions. In the wake of the migration crisis’ peak, in April 2016 European Commission adopted a
ć communication starting the process of the Common European Asylum System (CEAS) reform, having realised that the current framework proved to be unsustainable, since the member states used different national approaches which they considered appropriate for such a massive influx of non-EU nationals. Although the general assessment is that migration crisis was not securitised at the EU level during 2015/2016, despite the clash between the sovereign right of each country to control its borders, 39 edited volume ; 2016), there are ; 2016), there ć & Tatalovi ć ar; 2016). č In such circumstances and in the context of the present fear In such circumstances and in the context In defining their approaches and procedures during the In defining their approaches and procedures of becoming a hot-spot, the countries on the Balkan Route are very the countries on the Balkan Route of becoming a hot-spot, previously mentioned patterns of strengthening to follow the likely paper is to explore the their borders. Therefore, the aim of this changes in security policies, practices and competences of individual institutions within these countries, which occurred during 2016/2017 and which in turn imply the strengthening of securitisation approach. Another aim of this paper is to determine securitisation has occurred in some countries during the why migration crisis of 2015/2016, most of the countries along the migration crisis of 2015/2016, most of that they will provide only Balkan Route were led by the judgment “humanitarian corridor” and that the migrants do not want to remain permanently on their territory. The states on the Balkan Route were only “secondary” actors in dealing with the refugee crisis, since their actions very much depended on the actions by the to accept people in need of countries willing European Western required the international protection, which subsequently for entering the EU abandonment of the previously set rules Balkans migration on the Western member states territory. “EU Hungary to take route had no choice (unless they wanted as a role on regular procedures model) but to create a corridor (...) Insisting have overwhelmedin such irregular circumstances would the & Plesni (Kukavica system” and equally strong commitment to providing humanitarian to providing humanitarian strong commitment and equally and of international protection for people in need assistance laws (Jakeševi to the EU adhering some increasingly present practices and narratives that indicate and narratives present practices some increasingly mass the approach in the case of another potential change of In spite of this general assessment,arrival of migrants. could one observe and policies in some strong anti-immigrant narratives to agree to the countries, which showed their reluctance European most notable example here is Hungary, quota system. The EU Poland states of the Visegrad group (Slovakia, together with other sealed its borders with Republic), which completely and Czech the At the same time, we are witnessing Serbia and Croatia. of the rules, which embodied one suspension of the Schengen of movement). (freedom EU basic values of the migration crisis, while in others humanitarian approach prevailed. The main hypothesis is that the countries on the Balkan Route predominantly promoted humanitarian approach due to the fact that they were only transit countries and not the final destination for the migrants – i.e., that the states that are situated at the border with the non-integrated part of Europe and at the Schengen borders emphasised security aspects of migration because of their specific position within the EU (external borders). The paper provides a brief analysis of the position and response of five states (Greece, Macedonia, Serbia, Hungary and Slovenia)2 on the Balkan Route to the recent migration crisis, as well as the changes in their legislations and practices after the crisis subsided. Security implications which we analyse in this paper are understood in terms of the policies which emerged as the consequence of the migration crisis and which reflect the fact that migration is increasingly being criminalised and categorised as a security threat. The theoretical concept applied is the securitisation theory, as one of the most prominent contemporary frameworks, 40 introduced by the Copenhagen school of security studies,3
Ružica Jakeševi explaining the way in which certain issues appear on the agenda of security policies and practices. Unlike this approach to securitisation, which rests upon the crucial role of the speech acts of strong securitising actors, there is also a sociological approach to securitisation which “privileges the role of practices over that of discourses” (Léonard; 2010; 233; Balzacq; 2010) in the process of ć , Siniša Tatalovi securitisation. Therefore, authors will apply both approaches to securitisation: the one with emphasis on the role of the speech
2 Although Croatia is situated on the Balkan Route, it is only marginally included in the analysis since authors of this paper have already published two analyses of the Croatian position and response to the European
ć migration crisis, and its effects on its security policy. These are: Jakešević, R. & Tatalović, S. (2016) Securitization (and de-securitization) of the European Refugee Crisis: Croatia in the Regional Context. Teorija in praksa, Vol. 53. no. 5: 1246-1262; Jakešević, R. (2017) Migration and Security Policy of the Republic of Croatia. In: Bobić, Mirjana & Janković, Stefan (eds.). Towards Understanding of Contemporary Migration - Causes, Consequences, Policies, Reflections. Belgrade: Institute for Sociological Research, Faculty of Philosophy, University of Belgrade. pp. 177-196. 3 Whose main representatives are Barry Buzan, Ole Wæver and Jaap de Wilde. 41 edited volume Thus, the Balkan Route encompasses six countries: Greece,Thus, the Balkan Route encompasses six The Balkan Route stretches from Turkey and Greece, across The Balkan Route stretches from Turkey These categories enable us to set up a number of indicators us to set up a number of indicators These categories enable The analysis is organised as a comparative study which comparative study is organised as a The analysis Macedonia, Serbia, Croatia, Slovenia and Hungary.Macedonia, Serbia, Croatia, Slovenia and What Hungary) countries (except characterised relations between these of bilateral disputesprior to the migration crisis was the existence which range from identity issues (dispute between Greece and Macedonia over the very name of Macedonia, which has been minority and NATO), affecting the relations of the later with the EU dealing with the consequences of relations), issues (Serbian-Croatian disputes to border and Serbia) recent conflicts (Croatia the Western Balkan states of Macedonia and Serbia, where it forks the Western of movement of in two directions. The dominant direction the Serbian-Hungarian migrants until September 2015 was across managed to implement After the Hungarian authorities border. barriers, with physical their strict measures of building strong additional presence of military border forces at the external EU towards Croatia and with Serbia, the movement was diverted further to Slovenia and Austria. Membership to the EU the Membership to which will point to the level of securitisation: the type of narrative the level of securitisation: the type of which will point to fences; of the border; existence of border and speech acts; status of migrants; new militarisation of the border line; detention legislative measures and envisaged practices. analyses a number of categories in the context of each country in the context of number of categories analyses a on the way include: membership to the EU; the route. These categories securityis perceived and addressed in the national in which migration the role of the armed forces in the recentstrategic documents; of movement of migrants/organised migration crisis; freedom and number of refugees; discourse transfer; refugee camps humanitarian aspects (leading political analysis – security vs. the peak of the crisis. changes in the legislation after figures); acts, and the other which concentrates on certain practices in six practices in six on certain the other which concentrates acts, and countries on the route. different (Croatia-Slovenia; Croatia-Serbia). In the light of the rising political tensions caused by the migration crisis, whereby each of the countries on the route accused the neighbouring country for the mismanagement of migration flow and disregard for their obligations in terms of effective border control and registration of migrants, these bilateral disputes only added to the rising tensions, thus creating the atmosphere of extraordinary circumstances. Such an atmosphere has affected relations between various actors on domestic level in these countries, as well as their bilateral relations. The Balkan Route is very diverse in terms of relations that each of the countries has with one of the main institutions within the European security architecture – namely the EU. Turkey, as the starting point of the Balkan Route has the most complicated status regarding the membership to the EU. In the late 1980s Turkey applied for the EU membership, yet it was not until 1999 that it managed to receive the candidate status. Additional six years went by until it started the negotiation process (2005), which is currently at its most critical point, since the European Parliament issued a 42 resolution in November 2016, urging for the suspension of the
Ružica Jakeševi negotiation process, due to “serious and persistent breach in Turkey of the principles of liberty, democracy, respect for human rights...” (European Parliament; 2016). Although not legally binding, this resolution points to the fragile relations between the EU and Turkey, the two actors which set the dynamics regarding the issue of migration towards Europe and upon which depends ć , Siniša Tatalovi the possible re-opening of the Balkan Route. Greece is an EU member state, also being a member of the Schengen zone. It shares the land and sea border with Turkey, with which it also shares the membership to NATO, and the land border with three additional states, one of which is an EU member state,
ć but not a part of the Schengen zone – Bulgaria. These facts which stem from its geopolitical position, as well as its very fragmented coastline, make this country’s position highly challenging. Macedonia and Serbia are both EU candidate countries – Macedonia since 2005 and Serbia as of 2012. Although it received this status more than a decade ago, Macedonia still has not started the negotiations, due to its dispute with Greece, while Serbia started its negotiation process in 2013. 43 edited volume The position of Greece in terms of contemporary migration National security policy in the countries on the frameworks In terms of the recent migration crisis, all the above- In terms of the recent Both Hungary in EU members of the and Slovenia became flows towards the EU is quite specific since the country is quite specific since the flows towards the EU presents from for the asylum seekers the main gateway towards Europe Asia position is affirmed as such in its and Africa. Its geopolitical strategic national security documents, which tackle migration only at the level of some general remarks, situating migration in the group with other ‘non-military’ security threats, and pointing out route vary in the way in which each of them perceives considerably assessments to much migration – from superficial and brief elaborated attitudes which served as the starting point for legislative measures and migration policies. mentioned meant that migrants first entered the Schengen zone at zone migrants first entered the Schengen mentioned meant that and the EU the Schengen zone then left border, the Turkish-Greek in order to tryeither and enter border, at the Greek-Macedonian or both at the Serbian-Croatian border, (but not Schengen) the EU Such a at the Serbian-Hungarian border. zone and Schengen the EU regarding their relations diverse status of countries on the route between them has made the situation and the relations with the EU available mechanisms and even more complicated in terms of the to the migration crisis. tools with which they tried to respond 2004, during the largest single enlargement, the largest single 2004, during and both have been and eastern since 2007. Southern of the Schengen zone members border external EU constituted the these two countries borders of - in the case of Hungary were its borders with Romania (until these with 2013) and currently only its borders 2007), Croatia (until with in the case of Slovenia, it was its border Serbia and Ukraine; and Despite the Romanian accession in 2007 Croatia until 2013. in 2013, Hungarian and Slovenian to the EU Croatian accession since neither from non-Schengen zone, borders divide Schengen belong to the Schengen area. Romania nor Croatia Migration and the National Migration Documents Security Strategic that due to the “reasons of geography and economic affluence, Greece will be strongly affected by those trends” (Dokos; 2009; 3). In the case of Macedonia, there is a brief mention of (illegal) migration as a security issue in the Macedonian national security strategic documents (White Paper on Defence; 2011; 17), while the legislative framework for tackling migration is extremely limited. National Security Strategy of Serbia describes (illegal) migration as one of non-military threats that “threaten the stability of individual countries and whole regions and also global security. The essential feature of these challenges, risks and threats is that they become more unpredictable, asymmetric and have a transnational character” (National Security Strategy of the Republic of Serbia; 2009; 4). Further in the document (illegal) migration is put in the broader context of organised crime, and the security implications of internal migration are also emphasised: “Demographic trends and migrations, in addition to social problems and the growth of crime, can lead to increased instability and the emergence of risks and threats to the security of the Republic of 44 Serbia” (National security strategy; 2009; 12). The document places
Ružica Jakeševi great emphasis on regional cooperation and European standards in overcoming the problem of illegal migration. One can observe that each time the word migration is mentioned throughout the document, it is always accompanied with the word “illegal”. There is a number of other documents and laws which concerning the issue of migration. Some of these documents were made in cooperation ć , Siniša Tatalovi with international organisations and their aim was to help Serbia in coping with this issue more easily. One such document was the outcome of the Serbian cooperation with the IOM on the project “Capacity Building of Institutions Involved in Migration Management and Reintegration of Returnees in the Republic of Serbia”. The
ć document states that “despite the existing efforts of the state to regulate migration flows, the Republic of Serbia is still lacking a clear policy of an integrated approach to this phenomenon” (Fundamentals of the Migration Management of the Republic of Serbia, 2011: 7). Hungary is increasingly being described as ‘illiberal democracy’ (Zakaria; 1997; Buzogány; 2017) governed by the right-wing conservative and populist political party Fidesz and its 45 edited volume security and health of Slovenian Slovenian National Security Strategy analyses migration in theSlovenian National Security Strategy analyses The first Croatian National Security Strategy (2002) states Security Strategy (2002) states The first Croatian National context of climate change, regional instability, organised crime and context of climate change, regional instability, it specifies that: “Illegal migration affects the terrorism. Additionally, of the migration routesRepublic of Slovenia primarily on account running across its territory. The accession of the Republic of Slovenia in illegal migration routesto the Schengen area (...) brought changes a growing number of thirdand their structure. (...) there has been country illegally (...), whereas nationals who cross internal borders the Republic of Slovenia has been a target country for the illegal migrants (...) only to a smaller degree. Such a security threat is given further significance on account of its connection to organised crime in the and terrorism. (...) A greater scope of illegal migration may, future, pose a general threat to the that ‘illegal’ migration presents a “significant security risk” (National presents a “significant security risk” that ‘illegal’ migration as 5). The Strategy defines illegal migration Security Strategy; 2002; challenge which must be tackled through asymmetric security various law enforcement closer international cooperation between of Croatian territoryagencies. It also confirms the perception as the groups engaged in organised transit corridor exploited by different Strategy was adopted by the crime activities. New National Security of the in 2017, and it shows the influence Croatian Parliament conceptualise migration crisis on the way in which states European If one compares the 2002 different issues as security challenges. and 2017 strategies, it can be observed is that the word ‘migration’ document (4 vs. 19 times), quite more frequently used in the later is still described as a national (and while “illegal migration” strategy; 2017; 3). security challenge (National security European) leader Viktor Orban. Its 2012 National Security Strategy tackles National Security Orban. Its 2012 leader Viktor phenomena in the migration analysing quite extensively, migration the country’s threat to of it being the potential the context which Hungary future scenario in a potential following security, is also legal the ‘target’ of ‘illegal migrants’, but expected to become natural states that “Migration is treated as a ones. The Strategy complex phenomenon, bringing economic and at the same time and, at the same time, carryingand demographic advantages security risks” (Hungarian National Security public and national Strategy; 2012; 17). nationals” (National Security Strategy; 2010; 16). Such an explicit securitisation of migration in the key strategic documents can be compared only to the contextualisation of migration in the Hungarian National Security Strategy.
The type of response to the recent migration crisis
According to the IOM (in Katsiaficas; 2014), in 2011 around 90% of all irregular entries into Europe were made through Greece. It has not been a typical destination country during the recent migration crisis and migrants mostly perceived it as a country of transit. Nevertheless, there are more asylum applications in Greece than in the other countries on the Balkan Route (except Hungary). During 2014, the dominant approach towards undocumented migrants included the practices of prevention/push-backs, detention/ arrests and strong border controls. According to the UNHCR, in 2014 Greek police had arrested 45,500 migrants and asylum seekers. With 46 the political situation changing in February 2015, when the new
Ružica Jakeševi coalition (Syriza and Independent Greeks) government led by Prime Minister Alexis Tsipras came to power, there has been a significant shift in more than two decades long (securitised) migration policy. Besides stronger calls for the European solidarity, new course of migration policy included shutting down detention centres (where migrants were denied the right to freedom of movement for the ć , Siniša Tatalovi period of 18 months), shifting the focus from detention, deportation and border controls towards effective migrant protection.4 According to this new orientation, detention centres should serve as an exceptional measure, not a rule (Katsiaficas; 2015). Putting this new direction into a wider perspective, it is
ć possible to observe that the Greek position on migration has been shifting back and forth between securitisation and de-securitisation during the last three decades. As Karyotis and Patrikios observe in their study on the role of the political elites and the Greek Orthodox Church in the securitisation of migration: “Official discourse
4 Nallu, Preethi, Greece outlines radical immigration reform (5 March 2015). Accessible at: www.aljazeera.com (10 March 2017). 47 edited volume 5 When the first groups of migrants started to arrive to its When the first groups of migrants started Greece is increasingly being described/imposed the role of Greece is increasingly being described/imposed burden. Accessible at: http://www.mobile.abc.net.au (11 March 2017). Europe migrant crisis: Greece says ‘fortress Europe’ needs to share migrant crisis: Greece says ‘fortress Europe’ Europe 5 borders, Macedonian authorities did not display any serious display any borders, Macedonian authorities did not concerns because migrants wanted to cross their territory as soon as possible and reach the border with Serbia. Having such a “defender of the Fortress Europe, with some of the harshest laws “defender of the Fortress Europe, 2011; (Calotychos; on asylum and criminalisation of migration” countries and EU EU 162). At the same time, the rest of the the situation in Greece institutions have seemed to be ignoring conversely called for (and Italy) for quite some time, which after the Balkan solidarity and equal burden-sharing, especially deal has The EU-Turkey Route had been closed in March 2016. ‘trapped’ in Greece, while resulted in thousands of migrants being border with Macedonia, in the situation is especially severe on the relocation scheme the EU the Idomeni refugee camp. Therefore, among member states, to was aimed at ensuring burden sharing Just before the which the Visegrad group countries oppose. in March 2016, the Greek Prime Minister A. summit emergency EU that “with the border closed to refugees and flows stated Tsipras relocation to other to the islands continuing, it is clear that in high numbers”. countries is urgent and must start immediately concerning migration in Greece became highly securitised in the early became highly securitised migration in Greece concerning language a strong offensive analysis reveals 1990s. Discourse which servedtowards immigrants, factor for as the main legitimising policyrestrictive (Karyotis responses” 46). In 2010; & Patrikios; migration was again constructed/de-constructedsubsequent periods, as a security threat, political depending on the immediate pragmatic the reform of political elites have strongly pushed for needs. Current which was verythe Dublin Regulation, even unfavourable for Greece, of the recent migration crisis. Generalprior to the emergence assessment is that “SYRIZA to get support from other need will likely a highly reform agenda. Immigration is parties for its immigration recession, in the context of the prolonged politicised issue, especially at to the implementation of such measures and obstacles remain level” (Katsiaficas; 2015; 3). EU both the national and perception of the situation, Macedonian authorities did not have any concrete plans for handling the situation on the ground. At the beginning of the migrant crisis, the Republic of Macedonia adopted a humanitarian approach, allowing migrants to freely pass through their territory, without much institutional engagement and assistance, but with the enormous engagement of citizens and the NGO sector. With the absence of any institutionalised efforts to ease the transit of people through their territory, and even the prevention of migrants from using public transport, the physical security of migrants was severely endangered, resulting in dozens of deaths on the Macedonian railways. Such approach has opened space for the increase in human trafficking and growth of crime. Without institutional help, migrants were left on their own, which exposed them to an increased risk of being abused by smugglers. As the migrant pressure gained strength, so did the public discontent which pushed the public authorities to come up with some concrete measures “A significant increase in the number of illegal migrants in 48 transit coincided with a political crisis in Macedonia which was fuelled
Ružica Jakeševi by the affair of wiretapping of opposition and political opponents by the government of Nikola Gruevski” (Tataloviæ & Malnar; 2015; 24). Under these circumstances, Macedonia made the first step towards securitisation, when on the 20 August 2015 the Government declared a ‘crisis situation’ or ‘state of emergency’ in southern and northern parts of the country, based on the explanation that “... these ć , Siniša Tatalovi measures are based on the influx of migrants and aimed at ensuring a more efficient transit through Macedonia (...) and the need to provide security of the local population in the border areas.” In implementing the humanitarian approach, the Republic of Serbia was faced with the problems associated with transport and
ć accommodation of migrants and misunderstandings in cooperation with neighbouring countries on the route, first with Hungary and in September 2015 with Croatia. It took some time for the Republic of Serbia to establish some sort of control over the movement and residence of migrants in its territory and smugglers skilfully used such situation. Although Serbia is increasingly establishing and improving the accommodation capacities offered to migrants, some of these people still stay at Hungarian border, or out in the 49 edited volume During the six-month period from September 2015 until Prime Minister Orban and the Government emphasised thatPrime Minister Orban and the Government Facing the growing number of asylum seekers since the of asylum seekers the growing number Facing of Hungarian migration policyThe main objective is to keep considered positive” (Liliyanova; 2016). (Liliyanova; considered positive” March 2016, 658,068 migrants have passed through the Croatian territory of the migration crisis in 2017). At the beginning (Ostojiæ; 2015 Croatia was not on the migration route, since the migrants at the Serbian-Hungarian tended to enter the Schengen zone due to the recent migration crisis, Hungary has faced with the its territory,unprecedented numbers of migrants on while the truth is slightly different – namely Hungaryhas seen an unprecedented who filed their applications in Hungarynumber of asylum seekers, for the territoryformal reasons, only to be able to reach of other, “in 2015 only a few thousand countries. Moreover, European Western remained in Hungary have asylum seekers despite almost 180,000 Committee figures, byregistering. According to Hungarian Helsinki staying in the countrythe end of the year the number of those has 450-500 are being subjected todropped to 900-1,000; approximately are already underwaydetention, while immigration procedures for 2015; 10). & Zgut; (Juhasz, Hunyadi the other 450-500 people” Macedonian-Greek border was closed, Serbia receives the technical, closed, Serbia receives border was Macedonian-Greek General assessment support from the EU. financial and humanitarian capacity institutional and accommodation is that in spite of “limited policy, of human rights abuses, its open border and reported cases largely and overall handling of the crisis have political discourse been the migrants out, ensure national security. in order to be able to Hence, Hungarythe of the V4 countries voted against and the rest migrants from and do not accept any resettlement scheme EU relocated to their territory.Greece or Italy to be Their opinion presidency Polish expressed in the latest program of the of V4 2017) clearly states that these four countries insist (July 2016-June introduction of changes that would result in the “on opposing any permanent and compulsoryany would redistribution mechanism or in this area” significantly reduce Member States competencies Presidency(Polish Group; 2016; 9). of the Visegrad open in the Belgrade city centre. According to the UNHCR (2016) the UNHCR (2016) According to Belgrade city centre. open in the in Serbia. some 6,300 migrants there are border. However, on 16 September 2015, first larger groups of migrants started to arrive to Croatia. What followed were the initial disorientation of the Government and several days of problems on the border with Serbia which led to the temporary blockade of the border and strained political relations. Yet, as the situation normalised, the authorities began to practice an organised activity of receiving large number of migrants daily, escorting them to the reception centres and transporting them by trains to the Hungarian and Slovenian borders. Along the route, migrants were transferred by trains and busses free of any charge, which significantly decreased their vulnerability in terms of smuggling. However, it is worth noting that different “domestic political actors in Croatia took different positions regarding the nature of migration that Europe was facing at that time, and consequently advocated different approaches and policies. There were also some bilateral disagreements with all the neighbouring countries on the route – Serbia, Hungary and Slovenia.” (Jakeševiæ; 2017; 177) The first migrants started arriving to Slovenia from Croatia in 50 the second half of October 2015, after Hungary had erected the fence
Ružica Jakeševi on the Croatian-Hungarian border. Bilateral disagreements ensued almost immediately, since Slovenian authorities accused their Croatian counterparts for not fulfilling the required procedures, concerning migrants’ registration, and control of the borderline. The first reaction of the Slovenian authorities was that they wanted to establish the full control over the movement of migrants through their territory, ć , Siniša Tatalovi urging Croatian authorities to slow down the pace of the organised transport to Slovenian refugee camps along the border. Practically the same day that the first migrants arrived to Slovenia, the country suspended the train connections between the two states. ć The Role of the Military, Physical Barriers and Narratives in the Migration Crisis
Before the maritime routes via the Greek islands became as active as they had been throughout 2015, the main transit route ran through the continental part of the country, this being the shortest route from Turkey to Greece. However, in 2011 the Greek 51 edited volume
6 7 After introducing “the state of emergency” Macedonian The ongoing problem is that the relocation of migrants from The ongoing problem is that the relocation Before the EU-Turkish agreement had been signed in March agreement had been Before the EU-Turkish Accessible at: http://www.ekathimerini.com/205640/article/ ekathimerini/news/greek-military-to-oversee-response-to-refugee-crisis (10 March 2017). January 2016). Accessible at: https://www.theguardian.com/world/2016/ jan/25/greece-under-growing-pressure-to-stem-flow-of-refugees-and- migrants-into-eu (11 March 2017). Greek military (02 February to oversee response to refugee crisis 2016). EU migration crisis: Greece threatened with Schengen area expulsion (25 migration EU 7 6 authorities attempted to close the border with Greece allowing authorities attempted to close the border vulnerable groups to enter, only a small number of migrants from in support of the police while they deployed the army at the border Macedonia 27). Soon after, & Malnar; 2015; actions (Tataloviæ southern border with wire fence on its started to erect a razor and deployed their Greece (30 km at the beginning of 2016) Greece and Italy to other EU member states is not proceeding as member Greece and Italy to other EU the migrant activity at the Greek-Turkish planned. Additionally, relations deteriorate. border is increasing, as the EU-Turkey Such demands were met by the establishment of a central Such demands were met by the establishment under the auspices of the Ministrycoordination body, of Defence in February the creation of the Central Coordinating 2016. With Greek militaryBody for the Management of Migration, assumed of the Migration Ministry,the role of overseeing all the activities sector. Greek police, Coastal Guard and NGO 2016 and at the time when the countries which had willingly when the countries which had willingly 2016 and at the time started to reverse their ‘open door policies’, received migrants on Greece to enhance countries made strong pressure several EU its border control management,greater use of the calling for the These pressures border. Greek Navy in controlling Turkish-Greek zone. to expel Greece from the Schengen even included threats Government decided to build 12.5 km long fence made of concrete made of concrete 12.5 km long fence decided to build Government protected by the the borderline was as the remainder of and wire, fence was of the The construction of river Evros. natural barrier of migrants on an increased number 2012, resulting in finished in This was, which is significantly more dangerous. the maritime route barriers as example of erecting physical the first recent thereby, border controls. means of tougher military units to patrol the border. As the tension on the Greek- Macedonian border rose, it frequently escalated into clashes between migrants and the police which used tear gas on the refugees attempting to break through the fence (Spasevska; 2016). This attempt of Macedonian government to securitise migration crisis had its origin in internal political reasons and its aim was to shift the public attention from the serious situation in the country on the verge of a deep political crisis. In contrast to such a discourse on the internal political agenda, in its foreign policy contacts the Government advocated a humanitarian approach and cooperation with other countries in tackling the crisis, primarily seeking assistance from the European Union. With no institutional and financial capacities to cope with the situation on the ground in an appropriate manner, and with no power to significantly influence the EU response to the crisis, Macedonia saw itself as a victim of the lack of coordinated response within the EU institutions and the diverse policies adopted by different transit and destination countries. Macedonian president Ivanov thus urged European states to grasp 52 the situation in broader terms, and tackle the security dimension of
Ružica Jakeševi migration more thoroughly. In his interview to the German newspaper Bild he stated that “the security situation has been entirely ignored”, that “the EU has no right to accuse Macedonia” and claimed that had Macedonia trusted Brussels, they would have been “flooded with jihadists”.8 This type of narrative, which emphasises close connection of migration with terrorism, inevitably ć , Siniša Tatalovi points to the securitising discourse which was present in Macedonia. Nevertheless, though the main actors managed to securitise the problem for a short period of time, it is generally estimated that the securitisation in Macedonia was unsuccessful, since the border was sealed mainly as the consequence of the EU-Turkey
ć deal (unlike in Hungary). Serbia sought to use the migration crisis primarily to strengthen its international position, advocating humanitarian approach. Such policy remained dominant as long as the migrants
8 Refugee crisis: Macedonia tells Germany they’ve ‘completely failed’ (12 march 2016). Accessible at: http://www.independent.co.uk/news/world/ europe/macedonai-tells-germany-youve-completely-failed-a6927576. html. (10 March 2017) 53 edited volume 10 Unlike in Unlike 9 ’ of migrants in EU. (22 September 2016) ’ of migrants in EU. Accessible at: https://www.ft.com/content/6cda5b28-80bd-11e6-8e50- 8ec15fb462f4 (10 March 2017). 7/2/2016 (11 March 2017) The case of Hungary offers the abundance of practices and An anti-immigrant rhetoric coupled with the strong national rhetoric coupled with the strong national An anti-immigrant Accessible at: http://www.srbija.gov.rs/vesti/vest.php?id=252471,%20 Viktor Orban calls for ‘round-up 10 9 were able to continue freely to Hungary to continue freely were able Croatia. When this and started reinforcing Republic of Serbia possible, the was no longer change in Bulgaria. A potential with Macedonia and its border the Serbian made by evident in the statement attitude was Affairs Employment, Social and Veteran Minister of Labour, who said: “Serbia will will protect its territory.Aleksandar Vulin We continue their journey [to other who cannot not allow anyone to enter our country, not their since we are countries] European destination country, a country but just of transit “ speech acts for the analysis of different paths towards speech acts for the analysis of different public were European securitisation. Controversies in the wider triggered practically every time that Prime Minister Orban and migrants, and expressed his harsh views on migrations should respond to the EU particularly on the ways in which the growing number of migrants: “Those who came illegally must be rounded up and shipped out. (...) an estimated 1.5m refugees and last year should be sent to migrants who arrived on the continent forces where European ‘an island or somewhere in north Africa’ That will solve all the problems”. would enforce order. security imperative, societal security arguments and widespread societal security arguments and widespread security imperative, migrants pose to of threat (that (Muslim) use of the language everything Christian identity) became that constitutes European political elites’ narrative in the dominant feature of the governing Hungary. The opposition to such views within the country been has present, but such opinions were nevertheless unable to influence the official state policy which would relax its views on in a way resulted in deterioration of migration. Such an unrelenting position Hungary’s relations with some of the neighbouring countries member states. EU but also other and Croatia), (Serbia Macedonia, Hungary, Serbian army was not Greece and Slovenia, migration crisis. role during the assigned any As a response to the growing number of asylum seekers and the lack of operational capability of the states on the route to adhere strictly to the Schengen rules in terms of registration and Dublin regulation in terms of the responsibility of Greece (as the first country on the external EU border), Hungary started to set up a physical barrier on its border with Serbia in June 2015. Once it completely sealed that part of the border in mid-September 2015, migrant route diverted towards the territory of Croatia, which also shares a long border with Hungary. Practically all migrants which had passed through the Croatian territory were transferred further to Hungary or Slovenia. The next Hungarian move was to completely seal the border with Croatia too. Along with these actions which were coupled with the increasing role of the military in protecting the border, Hungary implemented significant legislative changes, the last of which (March 2017) allowed further border restrictions and detention of all migrants in detention camps along the border with Serbia. Since this is the EU external border and Hungarian authorities contend that the second ‘migration 54 wave’ is to be expected soon, the latest measures include “the
Ružica Jakeševi second line of a “smart fence” along the Serbian border, complete with electroshock, surveillance and audio-visual warning systems”11 While recognising the transit character of the country (as was the case during the recent migration crisis), Slovenian security policy documents construct migration as a threat to citizens (as referent objects). Such normative basis served as a stimulating ć , Siniša Tatalovi condition for the development of securitising practices which occurred almost instantly as the first migrants reached the Slovenian soil. These practices (building of the wired fence; armed forces on the border) had in turn motivated additional legislative changes, which gave additional authorities to the armed forces in
ć securing Slovenian borders. Slovenian armed forces started the installation of the razor wire on the border with Croatia in November 2015 (Zupancic; 2016; 112), and the wire fence was reinforced with metal structures at
11 Hungary to detain all migrants in border camps, despite UN warnings of ‘terrible physical and psychological impact’ (7 March 2017) Accessible at: http://www.telegraph.co.uk/news/2017/03/07/ hungary-detain-migrants-border-camps/ (15 March 2017). 55 edited volume The humanitarian approach to migration crisis of 2015/2016 The humanitarian approach to migration Having practically the same situation on its border with Having practically the was partly a consequence of the fact that the analysed countries was partly a consequence of the fact countries, since only a were predominantly regarded as transit to apply for asylum there smaller number of migrants decided Hungary(except and Greece, to some extent). While emphasising related aspects of migration humanitarian approach, some security were also present in the public discourse, used by different actors for domestic political reasons. These were primarily state-centric and citizen-centric,emphasised that the security meaning that they were top priority for political and public of the state and its citizens authorities. On the other hand, a trend of securitising migration Conclusion Austria, which has built border barriers not only at its border with built border barriers not only at its border Austria, which has elites Italian border as well, Slovenian political Slovenia, but at its future scenario of becoming overwhelmedfeared the potential by relocation scheme, Slovenia agreed to the EU migrants. Although from Italy it should receive some 567 refugees according to which present in security-control-based approach is and Greece, a strong “Throughout the whole According to Vezovnik: its official policy. involvement in the “Balkan migratory period of Slovenia’s route”, a crucial role in shaping the media and political discourses played and migration in the and constructing images of migrants the dominant political and Slovenian public imagination. However, imagerymedia discourses did not establish the in of migration The Slovenian political strategy, together. isolation, but worked of successful which mainly focused on the implementation in line with the Slovenian securitisation measures, was entirely as a security, mainstream media constructions of refugees 2017; 100). economic and cultural threat” (Vezovnik; some border crossings in November the following year. This practical This some the following year. crossings in November border changes, namely certain legislative accompanied by measure was forces with Act providing the Armed to the Defence amendments in the surveillanceassisting police forces functions, such as some new border from the arrival of migrants. and protection of the can be observed in legislative measures and practices which followed the conclusion of the EU-Turkey agreement in different countries on the Balkan Route. Since certain pessimism has been present in the European public pertaining to the viability of this deal, some of these countries resorted to legislative changes and physical measures in protecting their borders, which might have practical consequences if new mass migration occurs. The EU-Turkey deal presents very problematic part of the current EU plan of dealing with mass migration, since the mutual trust between the two sides deteriorated significantly at the beginning of 2017, even though the agreement has been tentative ever since the deal had been signed. Additionally, it gave Turkey very powerful tool of influence (Zupancic; 2016; 106). The recent public dialogue between the Turkish and EU political elites (especially those of Germany and the Netherlands), incited by the referendum on the increase of presidential powers in Turkey, revealed the discourse of growing distrust, mutual ultimatums and eventually threats. The instrument most frequently used by the 56 Turkish side is the threat of abandoning the agreement (BBC,
Ružica Jakeševi 2017), thus setting hundreds of thousands of people in motion towards the EU territory. However, situation in many EU countries has changed substantially between the end of 2015 and the beginning of 2017, the period in which, despite the opposition of some member states, the “open door policy” was practiced (until March 2016). ć , Siniša Tatalovi The presented case studies clearly demonstrate all the changes implying that the position and policies of the countries on the Balkan Route would be a lot different in case the route re-opens in the future. What we have been witnessing throughout the period of 2015-2017 is highly politicised discourse at the domestic and
ć international levels, as migration proved to be powerful mean of political mobilisation (Jakešević & Tatalović; 2016; 1248) and political manipulation. As Guild states: “My contention is that the assumptions about groups of persons – in the case of migration, flows or stocks of migrants – are easily manipulated by political actors” (Guild; 2009; 5). Since recent migration towards Europe was not individual but mass migration, these contentions proved to be the case at national, bilateral but also multilateral level of the EU. 57 edited volume Security: A New Framework for for Security: A New Framework (24), 7: 1307-1325. . New York, London: Harvester Wheatsheaf. . New York, Democratization The Balkan Prospect – Identity, Culture and Politics in – Identity, Prospect The Balkan Securitization Theory: How Security Problems Emerge and Emerge Securitization Theory: How Security Problems . London: Palgrave Macmillan. . London: Palgrave People, States and Fear: an Agenda for International Security an Agenda for and Fear: States People, . London and New York: Routledge. . London and New York: . Boulder, London: Lynne Rienner Publishers. London: Lynne . Boulder, With the UK leaving the EU, the Visegrad group (Hungary, the Visegrad group UK leaving the EU, With the Dissolve Analysis Greece after 1989 Greece Studies in the post-Cold War Era War Studies in the post-Cold domestic causation. Slovakia, Czech Republic and Poland) opposing the EU quota quota EU opposing the and Poland) Republic Slovakia, Czech asylum and EU vision of the future developing its own system and the being strengthened, border controls policy, migration borders, and the EU internal on many Schengen rules suspended of the as planned, possible re-opening quota system not working institutions and the EU put the whole Europe Balkan Route would test.to another serious context, this general European Within one can observe occurring in different specific practices and policies the recent which suggest that and non-EU), states (EU European a huge challenge to their institutional migration crisis presented on in the absence of a stronger consensus and normative settings, as well as migration flow at international, the nature of the current whereby success rate is quite mixed, national levels. Securitisation and Hungary)some countries on the route (Slovenia managed to in restrictive practices impose the securitising discourse resulting of migration as existential towards migrants and the perception countries on the route threat to different referent objects. Other different approach, having predominantly assumed the exercised have been some clear role of transit countries, although there that the future signs, measures and practices which indicate migration policy will be more security-oriented. Balzacq, Thierry (ed.) 2011. Bibliography Buzan, Barry, Waever, Ole and Jaap de Wilde. 1998. Buzan, Barry, Waever, Calothycos, Vangelis. 2011. Vangelis. Calothycos, Buzan, Barry. 1991. Buzogány, Aron. 2017. Illiberal Democracy in Hungary:Buzogány, diffusion or authoritarian Country Report: Greece. Asylum Information Database. European Council on Refugees and Exiles, 2016. Accessible at: http://www.asylumineurope.org/ reports/country/greece (10 March 2017) Country Report: Hungary. Asylum Information Database. European Council on Refugees and Exiles, 2016. Accessible at: http://www.asylumineurope.org/ reports/country/hungary (10 March 2017) Dokos, Thanos (ed.) 2009. Greek Security Policy in the 21st Century. ELIAMEP-Hellenic Foundation for European and Foreign Policy. Accessible at: https://www. files.ethz.ch/isn/39785/PP07_09_ENG.pdf (10 March 2017) Eastern Mediterranean Route. FRONTEX (2016). Accessible at: http://frontex.europa. eu/trends-and-routes/eastern-mediterranean-route/ (12 March 2017) Erdogan threatens to scrap EU-Turkey migrant deal (17 March 2017). Accessible at: http://www.bbc.com/news/world-europe-39294776 (18 March 2017) European Agenda on Migration. Brussels: European Commission. Accessible at: https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/ policies/european-agenda-migration/background-information/docs/ summary_european_agenda_on_migration_en.pdf (15 March 2017) EU-Turkey Statement. 18 March 2016. Brussels: European Council. Accessible at: 58 http://www.consilium.europa.eu/en/press/press-releases/2016/03/18-eu-
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62 Аутор 63 edited volume ts only the most fi ned negotiating positions. fi Serbia, multiculturalism, public policies, The paper which was developed at the Institute of Social The paper which was developed made for the project entitled Sciences within the research of European in the Process “Social Transformations Integrations – Multidisciplinary critical provides a Approach” overview of the policy the Republic of of multiculturalism in which regulate Serbia. Constitutional solutions and legislation to the the status of national minorities do not correspond country’sconsequence, Serbia is multiethnic nature. In reduced to a state in which the policy of multiculturalism is replaced with the policywith of the state consensus of their monocultural groups pertaining to the protection vital interests. Such political constellation be homogeneous numerous, as well as territorially and politically national minorities with clearly de Keywords: Keywords: ethnocultural groups According to the 2011 Population Census, the Republic of According to the 2011 Population Serbia had 7,186,862 citizens living on its territory,Serbia had 7,186,862 citizens 5,988,150 (83%) 1,198,712 (17%) belongingof which being Serbs, with the remaining to national minorities. The most numerous national minorities were Hungarians with the population of 253,899, Roma with 147,604 and Bosniaks with 145,278 people. The national minority groups with populations between 50 and 100 thousand included Slovaks with the recorded population of 52,750 and Croats with 57,900 people. Ethnic Structure of Serbia Ethnic Structure A b s t r a c t Policy of Multiculturalism in Serbia: of Multiculturalism Policy Legal Confusion Between and Social Segregation P a r t 3 The group of the national minorities with populations between 10 and 50 thousand people included Bulgarians (18,543), Bunjevci (16,706), Vlachs (35,330), Macedonians (22,755), Romanians (29,322), Rusyns (14,246) and Montenegrins (38,527). Additionally, in this group we find the citizens which identified their nationality with religion – Muslims with the population of 22,301 people, as well as 23,303 Yugoslavs whose national identity is rooted in the identity of the state which dissolved during the 1990s. The Gorani people with the population of 7,767 are the only national minority with the population in the range between 5 and 10 thousand. The minorities with populations of up to five thousand people include Ukrainians with 4,903 members, followed by Germans (4,064), Slovenes (4,033), Russians (3,247), Egyptians (1,834) and Czechs (1,824). The census also recorded a number of national minorities with populations of less than a thousand people: Ashkali (997), Greeks (725), Jews (787), Armenians (222), Turks (627), Aromanians (243), Shokci (607) and Shopi (142). Only 5,809 Albanians were recorded in this Census, but this number is misleading as it resulted from this population’s 64 boycott of the Census, while it is estimated that there are some
Goran Baši 60,000 of Albanians living in Serbia, excluding Kosovo. The previous Census recorded 61,647 Albanians living on this territory.1 Regional and local distributions of population have a major impact on the scope and quality of implementation of national
ć minorities’ rights, the fact which will be address in more detail. Here it needs to be stressed that the distribution of national minorities in Serbia is also characterised by higher concentrations of the numerous minorities, homogeneously distributed along the state borders, dispersion of certain minorities on the entire territory of Serbia, as well as concealment of certain minority identities within the neighbouring ethnic groups. The minority populations concentrated in certain geographical areas, or municipalities include Albanians, Bosniaks, Bulgarians, Bunjevci, Hungarians, Rusyns, Romanians and Ukrainians, while the remaining populations are dispersed regionally, or throughout the country.
1 Census of Population, Households and Residential Units in the Republic of Serbia in 2011, Nationality, The Data Segregated by Municipalities and Cities, Statistical Office of the Republic of Serbia, Belgrade, 2012 65 edited volume evo č a. đ a, the municipalities whicha, the municipalities đ Out of the total number of 16,706 members of the Bunjevci Out of the total number of 16,706 members The greatest number of Bulgarians in Serbia, 15,501 of them, The greatest number of Bulgarians in The Bosniak population is concentrated in the southeast partThe Bosniak population Most of the Albanians inhabit the central part of the country, the central part of Albanians inhabit Most of the The share of Bosniaks in the total population of the municipalityThe share of Bosniaks in the total population population, the majority lives in Subotica (13,553) making 9.5% of population, the majority lives in Subotica the city’s as well as in the city of Sombor where total population, 2.3% of the total population. The total 2,058 of Bunjevci make number of Bunjevci living in Belgrade is 172, with 278 additional members of this population living in Novi Sad, the capital of the Autonomous Province of Vojvodina. has the Bulgarian population of some 500 people. There are 5,893has the Bulgarian population of some 500 in the municipality of members of this national minority living population, while DimitrovgradBosilegrad, this being 72% of the total population belong to thishas 5,143 Bulgarians, i.e. 53.4% of the total A significant number of Bulgarians resides in thenational minority. as well as in the municipality of (589), cities of Niš (927) and Vranje there are 1,188 Bulgarians living in Belgrade. Surdulica (734). Finally, lives in Eastern Serbia, in the municipalities of Bosilegrad and lives in Eastern Serbia, in the municipalities in the municipality of Pan Dimitrovgrad, while the village Ivanovo of Prijepolje is 34%, 14% in Priboj, and 4.7% in Nova Varoš. The capital 4.7% in Nova Varoš. of Prijepolje is 34%, 14% in Priboj, and 1,596 members. of Serbia has the Bosniak population of of Central Serbia, the region called Sanjak by Bosniaks and Raška by region called Sanjak by Bosniaks and of Central Serbia, the with most numerous in the city of Novi Pazar, Serbs. They are the in the this population living there, as well as 77,443 members of and Sjenica (19,498). In the neighbouring (28,041) municipalities of Tutin of Bosniaks and Prijepolje, the recorded number municipalities of Priboj 788 Bosniaks has while Nova Varoš is 3,811 and 12,792 respectively, structure in theliving there. When it comes to the population inhabit,municipalities that Bosniaks traditionally the greatest share (77%) and Sjenica (90%), Novi Pazar of this population is in Tutin (73%). the Preševo Valley. According to the latest Census, largely ignored by largely ignored to the latest Census, According Valley. the Preševo minority members of this national the number of the Albanians, Bujanovac,(1,715) in Medve Preševo and they traditionally inhabit, of is almost identical to the number evidenced region (1,252). The census before last Albanians in Belgrade population lived in these three municipalities:that 93% of the Albanian 23,681 in Bujanovac,31,098 in Preševo, and 2,816 in Medve The Vlach population resides in the northeast part of Central Serbia, and the members of this national minority are the most numerous in the cities of Bor (6,701 – 13.7%) and Zaječar (2.856 – 5%), as well as in the municipalities of Petrovac na Mlavi (4,609 – 15%), Boljevac (3,356 – 26%), Majdanpek (2,442 – 13%), Negotin (3,382 – 9%), and Žagubica (2,811 – 22%). The Vlach population is also dispersed in other municipalities such as Kladovo with 788 members of this national minority, Despotovac with 687, Ćuprija with 782, Veliko Gradište with 382, Golubac with 424, and Žabari with 433. There are 182 Vlachs living in Belgrade according to the Population Census. Hungarians are the most numerous in the northern part of the country and in certain cities and municipalities in Vojvodina. Most of them live in the north Banat and Bačka regions, along the river Tisa, while the number of Hungarians decreases in the southern parts of Vojvodina. The city of Subotica has the largest population of Hungarians living there, 50,496 of them, this being 36% of the total city population. Hungarians are the absolute 66 majority in the municipalities of Kanjiža 85% (21,576), Senta 79%
Goran Baši (18,441), Ada 75% (12,750), Bačka Topola 58% (19,307) and Mali Iđoš 54% (6,486). There are 13,272 (4%) of Hungarians living in Novi Sad, 9.874 (11%) in Sombor, 7,460 (26%) in Temerin, 3.387 (21%) in Srbobran, 2,464 (6%) in Vrbas, and 1.356 (2%) in Bačka
ć Palanka. In the Banat region, members of the Hungarian national minority live in the cities of Pančevo 3,422 (3%), Vršac 2,263 (4%), Zrenjanin 12,350 (10%) and Kikinda 7,270 (12%), as well as in the municipalities of Žitište 3,371 (20%), Novi Bečej 4,319 (18%), Sečanj 1,691 (13%), Nova Crnja 1,819 (17%), Čoka 5,661 (49%), and Novi Kneževac 3,217 (28%). In the Srem region, Hungarians traditionally inhabit Inđija 829 (2%), Irig 762 (7%) and Sremska Mitrovica 696 (1%). There are 1,810 (0,1%) of Hungarians living in Belgrade. Macedonians are dispersed all over the country, with the greatest number of them living in Belgrade (6,970 or 0.4%) and Pančevo (4,558 or 4%). According to the Population Census, there are 1,111 (0.3%) of Macedonians living in Novi Sad and 823 (0.3%) in Niš. A small number of members, up to 400 people, of the Macedonian national minority, live in the majority of the local self-government units. 67 edited volume ; ć & Jakši ć inci 1,008 (5%), ć in 1,422 (9%), in Han 1,503 (7%). č č ; 2018: Baši ć evo 2,118 (2%), Kovin 1,516 (4%), evo 2,118 (2%), Kovin č evo 3,173 (2,4%), Žitište 1,412 (8%), č ica 1,543 (6%), Bela Crkva 842 (5%), Kovin ica 1,543 (6%), Bela Crkva 842 (5%), Kovin č a 1,336 (8%), Prokuplje 2,154 (5%), Doljevac a 1,336 (8%), Prokuplje 2,154 (5%), Doljevac đ ukarica and Novi Beograd. The cities of Leskovac, The cities of Leskovac, ukarica and Novi Beograd. Č ej 1,295 (5%), Nova Crnja 1,016 (10%), Zrenjanin 3,410 ej 1,295 (5%), Nova Crnja 1,016 (10%), č Traditionally, Rusyns live in larger numbers in the Traditionally, Romanians are the most numerous in Vršac 5,420 (10%), 5,420 Vršac Romanians are the most numerous in Roma are the second minority community in Serbia when it community in Serbia the second minority Roma are ka Palanka 1,064 (2%), Pan ka Palanka č municipalities of Kula 4,588 (11%), Vrbas 3,375 (8%) and Žabalj municipalities of Kula 4,588 (11%), Vrbas Alibunar 4,870 (24%), Pan Plandište 784 (7%), Kova 1,170 (3%), Zrenjanin 2,161 (2%). There are 891 (0,2%) of Romanians living in Novi Sad, and 1,282 (0.7%) in Belgrade. Ba (1%), and Odžaci 1,035 (3%) 1,368 (3%), Sombor 1,015 Vršac (3%), Kikinda 1,981 (3%), Žabalj 1,301 (5%), Beo (3%), Kikinda 1,981 (3%), Žabalj 1,301 2005). The most numerous Roma population lives in Belgrade, population lives most numerous Roma 2005). The them, Roma population lives, 27,325 of where 18% of the total two thirds total population of Belgrade. Around making 1.6% of the of population lives in the urban municipalities of the Belgrade Roma Zemun, Palilula, Roma living there. There are have at least 20,000 Niš and Vranje and 4,654 6,996 (3%) in Niš, living in Leskovac, 7,700 (5%) of Roma with more than a thousand In Central Serbia, towns (6%) in Vranje. 4,302 1,649 (14.4%), Lebane 1,251 (6%), Pirot Roma include Bojnik 2,369 (2%), Vranjska 1,418 (12%), Smederevo (5%), Bela Palanka Surdulica 2,631 (13%), Vladi Banja 1,375 (14%), In Požarevac, there are 3,688 Roma (5%), while in its municipality of there are 3,688 In Požarevac, there are 2,659 (19%) Roma. Roma also live in the Kostolac, municipalities of Žitora 1,218 (7%), Ub 1,118 (4%) and the cities of Bor 1,758 (4%), 1,218 (7%), Ub 1,118 (4%) and the cities (1%), Kruševac 2,461 (2%), Kragujevac 1,482 (1%), Kraljevo 1,266 1,413 (2%). A large Roma community Šabac 1,902 (2%) and Valjevo 25% of the total of 4,576 people lives in Bujanovac, which makes Census, yet providing population according to the 2011 Population the Census, as it has that the Albanian community boycotted around 1% of the population already been mentioned, Roma make with more there. The cities and towns on the territory of Vojvodina Novi Sad 3,576 (1%), than a thousand Roma living there include (2%), Pe Sremska Mitrovica 1,194 (1%), Ruma 1,297 Novi Be comes to the size of population. The Roma population is highly population is highly The Roma of population. the size comes to mimicry and prone to ethnic dispersed (Baši 1,198 (5%). There are 2,160 (0.5%) of Rusyns living in Novi Sad, and 245 (0.1%) in Belgrade. Traditional places of residence for Slovaks in Serbia include the municipalities of Bački Petrovac 8,720 (65%), Kovačica 10,577 (42%) and Stara Pazova 5,212 (8%). Slovaks also reside in the municipalities of Bačka Palanka 5,047 (9%), Bač 2,845 (20%), and the cities of Pančevo 1,411 (1%), Zrenjanin 2,062 (2%) and Novi Sad 6,393 (2%). There are 2,104 (0,1) of Slovaks living in Belgrade, 1,254 of whom lives in the settlements of Dobanovci and Boljevci in the metropolitan municipality of Surčin (3%). Ukrainians traditionally live in the municipalities of Kula 1,290 (3%) and Vrbas 836 (2%). There are 425 of Ukrainians living in Novi Sad, and 418 in Belgrade. Members of the Croatian national minority are the most numerous in Subotica 14,151 (10%), Sombor 7,070 (8%), Apatin 3,015 (10%), Bač 1,209 (8%), Petrovaradin 1,554 (5%), Šid 1,784 (5%), Stara Pazova 1,336 (2%), Inđija 1,569 (3%). According to the Census, there are 5,335 (1.5%) of Croats living in Novi Sad, and 68 7,752 (0.5%) living in Belgrade.
Goran Baši Montenegrins are the most numerous in Belgrade 9,902 (0.6%), Vrbas 7,353 (18%), Kula 4,334 (10%), Mali Iđoš 1,956 (16%) and Novi Sad 3,334 (1%) Small national minorities such as Czechs, Aromanians, Poles,
ć Ashkali, Russians, Germans and Jews usually reside in urban areas and, except for Czechs who traditionally live in the municipality of Bela Crkva, and Germans concentrated in Vojvodina, the most of them live in Belgrade. The description of the ethnic structure and overview of the national minorities’ places of residence are also important since the public policies in the Republic of Serbia have adopted the system which favours the number and homogeneity of residence of national minorities’ members as decisive when it comes to implementation of rights. The number of national minorities’ members, dispersion of their populations and non-demographic factors such as social organisation of minority communities and organisation of minority self-government determine the collective rights which the national minorities would be able to implement, as well as the funds that they would be allocated to this end from 69 edited volume has thwarted 2 , 2018). ć the character of the state was changed. the character of the state was changed. 3 The constitutional definition of the Republic of Serbia as a The constitutional definition of the Republic Serbia, no. 98/2006. Serbia, no. 1/1990. Constitution of the Republic of Serbia, Official Gazette of the Republic of Republic of Serbia, Official Gazette Constitution of the of the Republic of Republic of Serbia, Official Gazette Constitution of the 2 3 state of Serbian people and all citizens who live in it state of Serbian people and all citizens From the declarative constitutional multiculturalism, a transition the declarative constitutional From was made to monocultural logic of the state organisation. The the development of the integrative policy of multiculturalism. The apart from the Serbian Republic of Serbia is a national state which, is inhabited by members of other nations, ethnic and majority, produced linguistic groups. This constitutional provision especially among those apprehension among minority populations, national social model. who have advocated integration as the Constitution, which defined When compared to the previous 1990 based on freedoms citizens, Serbia as “a democratic state of all its and rights of the citizens,” Legal and Political Status Legal and Political public funds. Numerous national minorities are more likely to more likely minorities are Numerous national public funds. the conditions for and secure full cultural autonomy organise their the preservation of their ethnic, and development and cultural contrary“large number” to the However, identity. linguistic of of national minorities and the level principle are the needs fulfilled and achieved by certain national societal development Serbian Roma account its size, Taking minority communities. granted to be able to implement the same rights community should case since, unlike this is not the However, Bosniaks and Hungarians. who have achieved their full cultural Bosniaks and Hungarians of the size Roma fail to do so, since apart from autonomy, minority requires specific location of a national population, this also residing community members. Homogeneously and solidarity of the of their achieve a higher level of the protection national minorities and unjustified as public collective rights. In practice, this is strange unavailable to small and resources for identity protection remain (Baši socially vulnerable national minorities unease demonstrated by multiculturalists was contributed by the betrayed expectations concerning the new Constitution, as they had expected that much better conditions would be created for the protection of the minority cultural identities and their integration than the situation had allowed during the 1990s, when the aforementioned “Civic” Constitution had been in effect and contributed to the rise of nationalism, as well as grave political abuses of ethnicities. The segregation model of multiculturality in present day Serbia also originates from the constitutional guarantees of a special protection for national minorities in order to allow for them to exercise full equality and preserve their identity (Article 14) and Article 81 under which the state commits to giving impetus to the spirit of tolerance and intercultural dialogue. The commitment to legally protect particularised, closed identities by tolerating difference, rather than strengthening trust and exchange of cultural values is another discouraging message to the advocates of integrative multiculturality. 70 Article 76 made constitutional certain institutions and legal
Goran Baši principles which had existed before in legal and social life, but had not enjoyed the trust, until the adoption of the Constitution, of either public administration, which needed to implement those principles, or wider public in general. This article stipulates that,
ć apart from the rights guaranteed by the Constitution to all citizens, additional, individual and collective rights are also guaranteed. Individual rights are implemented individually, while collective rights are implemented in community with others, in line with the Constitution, legislation and international agreements. Through the collective rights, members of national minorities, directly or through their representatives, participate in decision-making or decide themselves on the issues concerning their culture, education, information and official use of language and script, in line with the law. Directly related to this is Article 79 which regulates the contents of the cultural autonomy and self-government of national minorities: “Members of national minorities shall have a right to: expression, preservation, fostering, developing and public expression of national, ethnic, cultural, religious specificity, use of 71 edited volume & ć . The law 4 , 2015, 131). ć i The collective rights to minority self-government and The collective rights to minority self-government It is highly important for the implementation of national It is highly important for the implementation č Official Gazette FRY, no. 11/2002, “Official Journal SMN” no. br. 1/2003 Journal SMN” no. br. “Official no. 11/2002, FRY, Official Gazette RS,– Constitutional Charter and Official Gazette no. 72/2009 – other laws and 97/2013 – decision of the Constitutional Court. Law on the Protection of Rights and Freedoms of National Minorities, of Rights and Freedoms Law on the Protection 4 cultural autonomy which were constitutionalised in 2006, had been cultural autonomy which were constitutionalised the Law on the introduced into legislation in 2002 through of National Minorities Protection of Rights and Freedoms minority rights that Article 76 of the Constitution envisages that minority rights that Article 76 of the Constitution their collective rights national minorities’ members can implement Direct but also directly. through minority self-governments, rights is not enabled due to implementation of collective minority i.e. due self-governments, the centralised organisation of minority election, as well as their to the legally stipulated manner of their on the national level. Consequently, organisation exclusively decide only in a small number national minorities’ members directly would sign for a special of cases: when they decide whether they units and self-government voter list for the election of minority children would receive pertaining to the language in which their and schools (Baši instruction when enrolling them in preschools their symbols in public places, use of their language and script, use of their language in public places, their symbols before state in their languages also conducted have proceedings bodies of public powers, with delegated bodies, organisations in areas units, local self-government provinces and autonomous in majority of population, education a significant where they make institutions and institutions of their languages in public founding private educational institutions, autonomous provinces, family name in their language, traditional use of their name and names of streets, settlements and topographic local names, names a languages, in areas where they make also written in their objective of population, complete, timely and significant majority language, including the right to expression, information in their of information and ideas, and exchange receiving, sending Law.” mass media, in accordance with the establishing their own Pajvan was adopted in the National Assembly of the Federal Republic of in order to define the basic principles of the protection Yugoslavia of national minorities’ rights in what was then a two-member federation. However, as both of the federation members had had their specific issues and attitudes towards multi-ethnicity, it was envisaged for each member state to adopt separate laws and thus regulate the status and protection of rights of the national minorities living on their territory. After the State Union of Serbia and Montenegro had been dissolved, this law was transplanted into the legal system of the Republic of Serbia. It needs to be emphasised that the law had an exceptional importance for the democratic development of the country, as its spirit and provisions influenced the text of the Charter of Human and Minority Rights and Freedoms and Civil Liberties which was a part of the constitutional system of the State Union of Serbia and Montenegro, and subsequently also had impact on the Constitution of the Republic of Serbia. However, positive legal, political and social legacy of the Law on the Protection of Rights and Freedoms of National Minorities cannot serve as an excuse for the state’s failure thus far to adopt a law which would regulate the status and 72 implementation of rights of national minorities.
Goran Baši Instead of a law which would regulate the implementation and protection of national minorities’ rights, the Law on National Councils of National Minorities5 was adopted in 2009 to stipulate the competences and election of minority self-government units.
ć The status of national minorities and implementation of their rights (education and information in their mother tongue, official use of their language and script, protection of their cultural identity, their participation in political life, prohibition of discrimination, etc.), as well as the manner of their funding are regulated by other laws and bylaws that are often contradictory and do not contribute to the creation of legal security. In attempts to overcome this problem, that experts have been warning against for more than a decade (Bašić, 2006, 61-116), after the opening of Chapter 23 for the accession of the Republic of Serbia to the European Union, the state introduced the initiative for the amendment of the Law on the Protection of Rights and
5 Law on National Councils of National Minorities, Official Gazette RS, no. 72/2009, 20/2014 – decision of the Constitutional Court and 55/2014. 73 edited volume 6 manjina.html) oji-tece-proces-izmene-propisa-kojima-je-uredjen- stipulates that a political party of a national minority is “a stipulates that a political party of a national 7 In the legal and political systems of the Republic of Serbia,In the legal and political systems of the Apart from the centralised arrangement of minority arrangement of minority Apart from the centralised the Amendments to the Law on the Protection of Rights and Freedoms of Rights and Freedoms the Amendments to the Law on the Protection of National Minorities (http://www.ercbgd.org.rs/sr/component/ content/article/22/227-saopstenje-organizacja-civilnog-drustva-u-vezi- sa-nacinom-na-k polozaj-nacionalnih- – Decision of the Constitutional Court. See the Opinion of the Coalition of CSOsSee concerning the Draft Law on Official Gazette of the Republic of Serbia, no. 36/2009 and 61/2015 Official Gazette 7 6 political parties of national minorities have a status which, providingpolitical parties of national minorities minorities,that they represent numerous and homogeneous leverage. The Law on Political provides them with a solid negotiating Parties self-government units, the fundamental issues of the generally issues of the generally units, the fundamental self-government partocratic inconsistent policy of multiculturalism in Serbia are: a) and destructive generating excessive character of the state of parties on the election and operation influence of political character of the segregational b) units, minority self-government policy to the which does not correspond of multiculturalism of the countrymulti-ethnic nature and c) full or partial autonomy to the small and dispersed inaccessibility of cultural national minorities. political party whose political operation [...] is particularly aimed atpolitical party whose political operation representation of and advocacy for the interest of a national of the national minority’sminority and improvement of the rights law and internationalmembers in accordance with the Constitution, of association,standards, which is regulated by the memorandum define the status To party." programme and statute of the political a law to regulate theof minority political party before adopting is yet another indicatorstatus of the national minorities’ members, of national minorities’of the corporate approach to the regulation status of national minoritystatus in Serbia. Legal foundation of the positions of the interestparty contributed more to the negotiating Freedoms of National Minorities, Law on National Councils of Law on National Councils Minorities, of National Freedoms of Languages and Law on Official Use and the National Minorities amendments concerning these the public discussions Scripts, yet do not repair the amendments that the proposed have indicated policyflaws of the existing of multiculturality. groups within minority communities, than to the political participation of the national minorities in Serbia. This was evident as early as 2003, when the political parties of national minorities failed to win a single seat at the parliamentary elections. This was followed by amendments to the Law on the Election of Members of Parliament to let political parties of national minorities and coalitions thereof to participate in the division of seats even if they failed to reach the electoral threshold of 5%.8 This implies that political parties of national minorities may count to get some seats in case they managed to reach the “natural threshold”. Natural threshold is alleviation in the electoral system which allows national minority parties to participate in the distribution of representative seats in case they win at least the number of votes sufficient for a single seat. This means that with the total turnout of voters of 60%, political parties of national minorities can get a seat providing that they got some sixteen thousand votes (0.4%). Natural threshold is not an affirmative action measure which 74 allows for the political representation of national minorities
Goran Baši regardless of the results of the election. On the contrary, it is a proper obstacle which national minorities need to overcome, so its application, without additional affirmative action measures, does not suit small and spatially dispersed national minorities. The
ć introduction of the natural threshold ensued after the agreement of the parliamentary parties with influential minority parties and thus it suits numerous, homogeneous national minorities whose political parties have convergent political aims and actions. The Alliance of Vojvodina Hungarians is the only minority party which has been winning more and more seats from the election of 2007 onwards, while the members of other numerous national minorities, Albanians and Bosniaks, managed to win parliamentary seats only from time to time. In spite of being a numerous national minority, Roma do not benefit from this alleviation due to the
8 Article 82, para 2 of the Law on People’s Deputies (Official Gazette of the RS, no. 35/200, 57/2003 – Decision by the Constitutional Court of the Republic of Serbia, 72/2003, other laws, 75/2003 – correction 18/2004, 101/2005 – other laws, 85/2005 – other laws, 28/2011 – Decision by the Constitutional Court, 36/2011 and 104/2009 – other laws). 75 edited volume which failed to reach the electoral threshold which failed to reach the electoral threshold The political influence of national minority parties wasThe political influence of national minority Small, spatially dispersed and politically heterogeneous Small, spatially dispersed and politically strengthened in a manner which compromised minority self- strengthened in a manner which compromised Article 71 of the Law Namely, government and cultural autonomy. on National Councils of National Minorities enabled, among others, registered political parties of national minorities to submit their electoral lists and participate in the elections for minority self- government units. In practice this implies that other proponents associations and groups of voters entered into special(citizens’ national minorities cannot be aided by the natural threshold to national minorities cannot be aided by in rare cases when participate in the political life, except of local self- representatives are elected for the councils be told, should national minorities’ political governments. Truth and tryparties change their political action strategy to achieve coalitions, the number of their political goals by creating broader authorities would probably their representatives in representative number of the national increase. It is clear that even then, a great political decision-making minorities would be left outside the example of the coalition process. This has been indicated by the Tolerance for Together fact that it was composed at the 2003 elections, regardless of the minorities, of political parties of the numerous national the League of Social Hungarians and Bosniaks, together with Democrats of Vojvodina. spatial dispersion and heterogeneity of their population. Presently, Presently, of their population. and heterogeneity spatial dispersion the National natural threshold, implementation of due to the Assembly of Vojvodina of the Alliance has four representatives for the Party a representative of in coalition with Hungarians the (a party of the Albanian national minority), Democratic Action representatives, as well as of Democratic Action has two Party the interests of representing Party Justice and Reconciliation Alliance and a representative of the Democratic Bosniaks in Serbia, the Democratic elected as a part of the list of of Croats in Vojvodina, parties representatives of Hungarian political There are eight Party. – six in the Assembly Province of Vojvodina of the Autonomous elected by 5% Hungarians, Alliance of Vojvodina from the list of the Hungarian belonging to the coalition named of the voters, and two elected by 1.67% of the voters. Movement for Autonomy, minority voter lists) which lack appropriate infrastructure and have not developed internal discipline, do not enjoy equal conditions at the elections. In order to mask the open and predominant influence of national minority parties on the election of minority self- government units, associations and citizens’ groups covertly supported by the political parties propose their lists. This, however, opened an avenue for non-minority parties to organise and find ways to influence the election of national minorities’ self-governments. Such system is not just and it does not provide for effective participation of national minorities in political life, nor does it contribute to cultural autonomy and minority self-government. The excessive influence of political parties on the operation of minority self-governments has been addressed in many complaints, opinions by the academic community, citizens’ association, as well as by international community, yet the Draft Law on the Amendments to the Law on National Councils of National Minorities has not amended the status of national minorities’ political parties in the process of the election of 76 national minority self-government. The new article 7a which
Goran Baši regulates the issue of the conflict of interest concerning the positions in minority self-government units9 should serve as a diversion and draw attention from this problem. So, political representation of national minorities is effectively
ć secured only in those local self-governments in which national minority populations have absolute or relative majority in relation to the total population.10 Confusion arises from Article 9 of the Law on
9 http://www.mduls.gov.rs/aktivnosti-obavestenja.php#a126 10 For Example, in the local self-government units in which Bosniaks have the absolute majority, the city of Novi Pazar and municipalities of Sjenica and Tutin, the majority of the councillors are Bosniak. In Novi Pazar, 42 councillors were elected from the four lists of the political parties representing Bosniaks. In Sjenica, out of 39 councillors, 30 were elected from the three “Bosniak” lists. In the municipality of Tutin, all 37 councillors were elected from the lists of the three political parties representing Bosniaks. In the municipalities of Prijepolje and Priboj in which Bosniaks are not in the majority, the situation is somewhat different: in Prijepolje, out of 61 councillors, 21 were elected from the lists of three Bosniak parties., while in Priboj, out of 41 councillors, 9 were elected from the lists of the parties representing Bosniaks. The situation is similar when it comes to political representation of other national minorities. In the municipality of Senta in which Hungarians are 77 edited volume The Advisory Committee 11 The right of national minorities’ members to equally, under under minorities’ members to equally, The right of national ontent?documentId=090000168008c6aa in the majority, out of 29 councillors, 19 were elected from the three out of 29 councillors, in the majority, lists proposed by the political parties representing Hungarians; in Kanjiža, out of 29 councillors, 17 are from two lists of the Hungarian national minority; in the city of Subotica, out of 50 councillors, 10 are Hungarians… from the list of the Alliance of Vojvodina https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMC 11 the conditions identical to those identified for other citizens, for other citizens, the conditions identical to those identified and assume public participate in administering public affairs of the Constitution, while the positions is guaranteed by Article 77 same article stipulates that “When taking up employment in state bodies, public services, bodies of autonomous province and local and units, the ethnic structure of population self-government of national minorities shall appropriate representation of members The Law on the Protection of Rights into consideration.” be taken of National Minorities stipulates that: “In respect of and Freedoms employment in public services, including the police, attention shall the population, appropriate be paid to the national composition of in the language spoken representation and competence in the territory body or service” of the relevant (Article 21). This provision, of national minorities and which aims at improving the integration strengthening of social trust, is not consistently implemented and urgent action, in the this is clearly emphasised as an issue requiring Third Opinion by the Advisory Committee on Implementation of in Serbia. Convention the Framework Local Elections which stipulates that “in units of local self- that “in units of which stipulates Local Elections minorities composition, national ethnic with a mixed government of units of in the assemblies represented shall be proportionately of different representation Proportionate local self-government”. law (40, 41) is not secured. Other articles of this national minorities distributing of the natural threshold when stipulate the application that political parties of national minorities the mandates to the of the electoral threshold. The application failed to achieve the 9 would require not only a different aforementioned Article system of also serious changes in the political election system, but the country. as an example of This article should be remembered which contributes to the inconsistencylegislative solution of the Serbian policy of multiculturality. recommended Serbian authorities to: “promote the effective participation of national minorities, including the numerically smaller ones, in the electoral process”, “take vigorous measures to address the under-representation of national minorities in public administration, particularly at state level” and “to pursue their efforts to create a multi-ethnic police force”. In june 2009, the Ombudsman of the Republic of Serbia sent his Recommendations to the Human Resources Management Service of the Government of Serbia in order for them to undertake the following measures in order to increase the participation of members of national minorities in state administration bodies: a) “to collect and update the data pertaining to the nationality of the state officers and employees”, b) “develop the plan of action with the purpose of increasing the employment of national minorities’ members in the bodies of public administration, as well as to review the undertaken activities with the purpose of increasing the participation of members of national minorities as employees in public administration bodies” and “when filling up vacancies by 78 issuing a public call, to publish the call in a newspaper in the
Goran Baši languages of national minorities, especially when the vacancy being filled is in a regional unit of public administration which is established on a teritorry predominantly and traditionally populated by members of national minorities.12
ć This right has not been implemented, while the HR Management Service of the Government of the Republic of Serbia has not implemented the recommendations made by the Ombudsman, the fact which was ascertained in the Report of the State on Implementation of the Framework Convention for the Protection of National Minorities by the Council of Europe13 where it has been stated that there are no legal grounds for the collection of the data pertaining to the nationality of public administration officers and employees and it is thus impossible to establish the participation of members of national minorities in operation of the state authorities and public administration bodies. The general public has access only to the data
12 www.pravamanjina.rs/index.php/sr/podaci/dokumenta/-/419-preporuka- slubi-za-upravljenje-kadrovima 13 https://rm.coe.int/CoERMPublicCommonSearchServices/ DisplayDCTMContent?documentId 79 edited volume in Article 9 stipulates that “when in Article 9 stipulates 14 15 At the latest 2014 elections, national councils of nationalAt the latest 2014 elections, national councils As it has already been said, cultural autonomy and minority The Law on Civil Servants Serbia_sr.pdf correction, 83/2005 – correction, 64/2007, 67/2007 – correction, 116/2008, 104/2009, 99/2014 and 94/2017). www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/PDF_3rd_SR_ of the Republic of Serbia, no. 79/2005, 81/2005 – Official Gazette 15 14 minorities (minority self-governments) were elected by 21 national minorities (minority self-governments) minorities: Albanians, Ashkalis, Bosniaks, Bulgarians, Bunjevci, Germans, Greeks, Hungarians, Macedonians,Croatians, Egyptians, Slovaks, Slovenes,Montenegrins, Roma, Romanians, Rusyns, Vlachs and the AssociationUkrainians, Czechs, of Jewish is open, as recognition ofCommunities. The list of national councils from election to election. In practice it can place the status takes self-government were introduced into the legal and social life in were introduced into the legal self-government of the right to national 2002. A more comprehensive regulation in the Law on National was provided minority self-government deals with self-government Councils of National Minorities. Minority the fields relevant for preservation the minority’s of cultural identity culture and information – education, official use of language, lies in self-government (cultural autonomy). The essence of minority minorities directly or throughthe concept that members of national decide on the minority, an elected National Council of the national identity. issues which concern their ethno-cultural employing in state authorities, it needs to be secured that the authorities, it needs to be secured that employing in state and the number of representation of sexes national composition, composi- reflect as much as possible the persons with disabilities tion of the population.” Cultural Autonomy and the Right Autonomy Cultural Minority Self-Government to pertaining to the representation of national minorities in the public of national minorities to the representation pertaining of Vojvodina Province bodies of the Autonomous administration Hungarian, 14.28% nationality, the employees of Serbian (65.5% of 0.77% Rusyn). 1.75% Montenegrin, 1.5% Romanian, 2.78% Croatian, occur that a national minority with the elected national council, which on the next election for minority self-governments fails to fulfil the conditions from Article 2 of the Law on the Protection of Rights and Freedoms of National Minorities, ceases to have its minority self- government unit. This article defines national minority and stipulates objective and subjective criteria for recognition of the status of national minority: a) representative number of members; b) being in minority to the majority population; c) firm bond with the territory of the country; d) differentiating characteristics – language, culture, national and ethnic affiliation, confession; e) readiness of the minority members to preserve and nurture their common identity. Providing the depopulation tendencies characterising Serbian population, it is possible that small minorities, or those prone to ethnic mimicry, fail to fulfil the condition concerning the size of population and thus become unable to elect their minority self-governments. The lower limit which allows members of a national minority to form their electoral register is 300 adult population members. Thus the Aromanians failed to document the 80 support of 300 adult members of their population and so they were
Goran Baši unable to establish their minority self-government unit (Bašić, 2018.a). Even though it may seem that such open definition of national minority has its advantages over enumeration of individual minorities with the state recognised right to national self-
ć government, the aforementioned example evidences that even such definition may cause serious problems. First, even the smallest minorities have the right to the protection and preservation of their ethno-cultural identity, so the size of a national minority’s population is not a just criterion for implementation of the right to preservation of the national minority’s identity. Second, open definition requires decentralised organisation of minority self- governments. Minority self-governments can be elected on the local level, but also on the level of a single settlement. Such model would enable Aromanians, who were denied their right to minority self-government, and subsequently to preservation of their identity, to establish self-government units only in their places of residence, while Roma, being dispersed all over the country, would be enabled to achieve their full cultural autonomy. Third, cultural autonomy can be asymmetrically organised, as there are national minorities who 81 edited volume which 17 and numerous bylaws. They guarantee equal and numerous bylaws. 16 The education of national minorities’ members is regulated minorities’ members is regulated The education of national The outcomes of education in national minority languages in national minority languages The outcomes of education The consequence of this is that majority of the students who The consequence of this is that majority – other laws. Preschool Education and Instruction, Law on PrimaryPreschool Education and Education Instruction, Law on Secondary and Instruction, High School Education Law on of Adults, Law on Education Law on higher Education, Law, Aids, Law on Student Standard. and Other Teaching Textbooks Education Official Gazette of the Republic of Serbia, no. 88/2017 and 27/2018 Official Gazette Law on Fundaments of Education and Instruction Systems, Law on and Instruction Systems, of Education Law on Fundaments 17 16 by a number of laws correspond with the aims of the policy of multiculturalism. Namely, correspond with the aims of the policy Namely, of multiculturalism. for education in national firmly advocate minority self-governments authorities, simultaneously minority languages before education bilingual education. neglecting the importance of the integrative is self-governments Contributing to such positions of minority System of Education Article 5 of the Law on Fundaments access to education for national minorities, as well as equal for national minorities, as well as equal access to education and and instruction on all levels opportunities for education of education and instruction, without pertaining to all types personal basis. discrimination on any Education lack the capacities to achieve its full scope. Fourth, the open its full scope. Fourth, to achieve lack the capacities which often ethnic diversities promotes artificial definition setback to development.represent attend classes in a national minority language at the end of their attend classes in a national minority language primary do not possess the knowledge of the school education their social integration. majority language at the level which enables of bilingual classes Multiculturalists emphasise that the organisation who attend school in would also attract those minority students Serbian, thus strengthening the policy of protection of national bilingual education would minorities’ identities. Furthermore, first (mother) language is provide opportunities for students whose stipulates obligatory in languages of national minorities, instruction to a possibility which while it reduces bilingual education programs needs to be regulated by a separate law. Serbian, to learn the language of the community in which they live, thus increasing the chances of social integration. Within the education system, optional classes of minority languages with the fundaments of national cultures are organised for the pupils attending classes in Serbian. The attendance of these classes becomes obligatory once a parent, or a student opts to take them. Legislation also regulates collection and recording of the data relevant for implementation of education in a language of a national minority.18 The data concerning nationality of children, pupils and students are collected with the expressed clarification that declaring one’s nationality is not obligatory. The educational institution in which education or instruction work is organised issues certificates in Serbian, in Cyrillic script, as well as in the language of the national minority in which the educational program was implemented. Minority self-governments are delegated with the competences concerning the right of making decision, or participating in the decision-making process pertaining to the issues 82 relevant for the protection of their national identity. In line with such
Goran Baši commitment, representatives of minority self-governments are included in: a) the National Education Council for Preschool, Primary and Secondary General and Artistic Education and Instruction (one minority representative is elected, from the list of candidates
ć submitted together by all minority self-governments); b) the National Council for Higher Education, in case the classes are partially, or entirely held in a national minority language; c) administrative body of a primary, or secondary school, where educational programs are implemented in minority languages, or which are confirmed by a competent authority to be particularly important for a national minority (minority self-government proposes three representatives to the local self-government); d) boards of parents in the institutions in which national minority students are being educated.
18 Law on the Fundaments of Education and Instruction System, Law on the Protection of Personal Data (Official Gazette of the Republic of Serbia, no. 97/2008, 104/2009 – other law, 68/2012 – decision by the Constitutional Court and 107/2012), Rulebook on the Contents and the Manner of Keeping Records and the Issuance of Public Certificates in Primary Schools (Official Gazette of the Republic of Serbia, no. 55/2006, 51/2007, 67/2008, 82/2012 and 8/2013), etc. 83 edited volume ica, Kovin, Kruševac, ica, Kovin, č some 50 Albanian 21 ej, Vršac, Kikinda, Kova ej, Vršac, č The classes in the languages of national 20 evo, Plandište, Sombor and Subotica. č ka Palanka, Be ka Palanka, č In 2015/16, preschool education was organised in seven was organised preschool education In 2015/16, According to the data of the MinistryAccording to the data Science of Education, within 18 preschool institutions, covering the total of 39 institutions, covering the total of 39 within 18 preschool Novi Sad, Odžaci, Pan Rights of National Minorities, Ministry Science and of Education, Development. Technological 19 Report on Implementation of the Action Plan for Implementation of Report on Implementation www.mpn.gov.rs/wp-content/uploads/2016/05/katalogudzbenika.pdf Alibunar, Ba Alibunar, 20 21 19 minority languages (Albanian, Bosnian, Hungarian, Romanian, Bosnian, Hungarian, (Albanian, minority languages of local self-government, in 40 units and Croatian) Rusyn, Slovak to 4,035 providing education preschool institutions within 43 in Serbian education is implemented children. Bilingual preschool German, (Albanian, Bulgarian, Hungarian, and 8 minority languages self-government in 14 local and Croatian) Roma, Romanian, Slovak units textbooks were selected for primary education, nearly 70 school textbooks and around 120Bosnian textbooks, over 130 Hungarian languages. textbooks in Slovak, Romanian and Rusyn and Technological Development for the curricular 2016/17, 526,762 Development and Technological pupils attended primarypupils schools in Serbian, while 34,740 attended primary (Albanian, in 8 national minority languages school Slovak Macedonian, Hungarian, Romanian, Rusyn, Bosnian, Bulgarian, optional classes of a Native Language In the same year, and Croatian). attended by 11,509 pupilswith elements of the national culture were units. Thesein 322 primary self-government schools, within 150 local languages of nationalclasses were held in the aforementioned and Ukrainian language, as well as in theminorities, but also in Czech Vlach and Bunjevci dialects. groups and 443 children. minorities require a great number of additional textbooks. Theminorities require a great number of additional of the new Law onsituation should improve upon the adoption and entry into force of the Memorandum of Textbooks Educational the textbooks for primaryCooperation concerning obtainment of minorities, which hasschool education in the languages of national been entered into by the Ministry Science and of Education, for one party Textbooks Development and Institute for Technological to the According for the other. and eight minority self-governments Catalogue of Textbooks Ministry of Education’s In 2016/17 curricular year, in secondary public schools, 243,532 (96%) of students attended their classes in Serbian in 9,419 regular and 759 combined22 classes within 518 schools. The classes in 8 minority languages were attended by 9,741 students in regular and combined classes, within 54 schools. The majority of these students, 5,511 of them, attended classes in Hungarian, while Albanian classes were attended by 2,888 pupils.23 According to the data concerning the curricular year of 2015/16, classes of the subject entitled Native Language with Elements of the National Culture were organised in secondary schools in five different languages (Bulgarian, Hungarian, Romanian, Rusyn and Slovak), in 18 local self-government units, 28 secondary schools, 84 classes and for 1,167 students. In higher education institutions, classes in minority languages were organised in Albanian and Hungarian, in the faculties, or the departments thereof in the areas in which these populations traditionally reside. Faculties and vocational colleges provide education programs for preschool, primary and secondary school teachers in Hungarian, Romany, Romanian, Rusyn and Slovak. Faculties of the 84 Universities of Belgrade, Kragujevac and Novi Sad have departments
Goran Baši for studying: Albanian, Bulgarian, Hungarian, German, Romanian, Rusyn, Slovak, Ukrainian and Czech languages, while the University of Novi Pazar also has the department of Bosnian language.24 ć
Official Use of Language and Script
The Law on Official Use of Languages and Scripts25 defines official use of a national minority language as: a) use of a national minority language in administrative and court proceedings and taking these proceedings in a national minority language; b) use of
22 A combined class consists of the pupils of two or more grades. 23 Report on Implementation of the Action Plan for Implementation of Rights of National Minorities, Ministry of Education, Science and Technological Development, 2017. 24 The Fourth Periodical Report on Implementation of the European Charter for Regional and Minority Languages, Government of the Republic of Serbia, Belgrade, 2017. 25 Official Gazette of the Republic of Serbia no. 45/91, 53/93, 67/93, 48/94, 101/2005 – other law and 30/2010. 85 edited volume , 2018). In consequence, the ć Language and script of a national minority are introduced into of a national minority are introduced Language and script Members of national minorities have the right to addressMembers of national minorities have the equal official use in a local self-government unit: a) in case members unit: a) a local self-government equal official use in on its territoryof the national minority traditionally live in and b) community amounts tocase the share of certain national minority to the data obtained by the15% of the total population, according of the second condition latest population census. Fulfilment unit the local self-government assumes the obligation on the part of into official use. Into introduce the national minority language in the municipalitypractice, there was a famous case of councillors refusing or avoiding to voteof Priboj who, from 2002 to 2011, were into official use, whileon the introduction of the Bosnian language legally to undertake the competent state authorities failed stipulated measures against them (Baši a national minority language by the bodies which exercise public exercise by the bodies which minority language a national c) issuance of official with citizens; in communication authorities data records and personal official keeping public certificates, and acceptance of national minorities in the languages collections d) use of certificates in these languages as valid; of documents and use of e) on voting ballots and material; national minority languages bodies; in operation of representative national minority languages f) authority, public of the names of the bodies exercising writing streets units, settlements, squares, names of local self-government and script of the national in the language and other toponyms local self-government which is in equal official use in the minority, unit, abiding tradition and spelling. simultaneously public authorities in their own language, as well as to receive answerpublic authorities in their own language, with public communication in the same language. However, to the members ofauthorities in their own language is guaranteed at least 2% of the total the national minorities which make population of the Republic of Serbia according to the latest census. The law stipulates that they do not address public authorities in their but that they nor do they receive a direct answer, language directly, unit in which the language rather do that via a local self-government unit is in official use, with the obligation of the local self-government legal obligation to introduce Bosnian language into official uselegal obligation to introduce Bosnian language Census, as the number ceased to be effective after 2011 Population than 15%. of Bosniaks in the municipality fell to less to provide interpretation and cover the expenses of the translation of a communication addressed to a public body, as well as translation of this body’s answer. The Law on Official Use of Languages (Article 12) stipulates that first instance administrative, criminal, civil, or any other proceedings in which it is decided on the rights and obligations of citizens, can also be taken in languages of national minorities. The condition for implementation of proceedings in a language of a national minority is that the language of the national minority is in official use in the body, or organisation before which the proceedings is taken. The manner in which the language of national minority in which proceedings are taken is being determined is legally stipulated and includes three different modalities: a) in case the proceedings involve a party belonging to a national minority, the proceedings are, upon a request by the party, taken in the national minority language which is in official use in the body, or organisation before which the proceedings are taken; b) in case when the proceedings include a number of 86 parties belonging to different national minorities using different
Goran Baši languages, the proceedings are taken in one of the languages which is in official use in the body or organisation before which the proceedings are taken; c) in case the parties cannot reach agreement pertaining to the language in which the proceedings
ć will be taken, the language of the proceedings shall be determined by the body, or organisation before which the proceedings are taken (Bašić & Pajvančić, 2015, 99). Under certain conditions, it is also possible for second instance proceedings to be taken in a national minority language. Writing of the names of settlements and other geographical names, names of streets and squares, bodies and organisations, traffic signs, public notices and warnings and other public inscriptions in languages of national minorities is guaranteed in the regions and environments in which these languages are in official use. The law also regulates the use of national minorities’ languages and scripts in writing the names of companies, institutions, or other legal entities and businesses. This right can be implemented providing that the national minority language is in official use in the local self-government unit in which the legal 87 edited volume 26 The Draft Strategy has been developed based on the The Draft Strategy has been developed Among other things, the Draft Strategy for Cultural for Cultural Among other things, the Draft Strategy There are ten national minority languages which are There are ten national Finally, due to the fact that it directly influences official use influences to the fact that it directly due Finally, republike-srbije-od-2017--do-2027-/-nacrt-strategije-razvoja-kulture- republike-srbije-od-2017--do-2027-.pdf www.kultura.gov.rs/docs/dokumenti/nacrt-strategije-razvoja-kulture- 26 dominant monocultural model, while the cultures and identities of dominant monocultural model, while referred to. In this spirit,the national minorities are hardly ever it is also evident the resolve to found this cultural development on ethno-cultural, rather than state identity. Development in the Republic of Serbia until 2027 indicates that Development in the Republic of Serbia Serbia “treats its contemporary identity as a cohesive and inclusive in the common heritage of all which is reflected social factor, and intercultural dialogue on all levels,” but also Serbian citizens are based on Slavic,that the dimensions of Serbian culture Byzantine, ancient Balkan, heroic, and Enlightened-European democratic contact values. Culture officially used in the Republic of Serbia: Albanian, Bosnian, Republic of Serbia: Albanian, Bosnian, officially used in the Montenegrin, Hungarian, Macedonian, Czech, Bulgarian, Croatian, is officially used in 3 local Romanian, Rusyn and Slovakian. Albanian 3, Croatian in 5, units, Bosnian in 4, Bulgarian in self-government in 1, Romanian in Hungarian in 31, Macedonian in 3, Montenegrin 10, Rusyn in 6 and Slovakian in 12. of national minority languages and scripts, it needs to be noted and scripts, it needs minority languages of national freedom of members have personal rights to that national minority children, personal name and names of their choice and use of their to enter these names into all official as well as the right in line records and personal data collections documents, official language and script.with the rules of their When demanded by a in the public documents can be issued national minority member, national minority’s language. entity’s minority or when the national are located, headquarters the legal entity’s is in official use in language place of business. Among the values believed to be of general interest to culture, the Law on Culture27 also lists the discovery, creation, studying, preservation and presentation of national minority cultures. The development of cultural creation and cultural expression of national minorities’ members is included in this Law among the strategic directions of cultural development. However, multiculturalism is not among the principles that the cultural policy is based on. According to Article 5 of the Law on Culture, national minority self-governments “ensure the implementation of cultural policy of respective national minority” and “participate in the decision-making process related to their culture, establish cultural institutions and other legal entities in the field of culture.” Furthermore, Article 16 of the Law regulates composition of the National Council for Culture and stipulates the election to its membership of two national minority members upon the proposal of national minority councils. National Council of National Minority suggests (to the respective minority council) at least one member for the board of 88 directors and supervisory board of an institution with a special
Goran Baši relevance for preservation, advancement and development of cultural specificity and preservation of the national identity of the national minority. In cases where more than one national minority councils give a proposal for the member of the board of directors,
ć the proposal shall be submitted jointly by all interested national minority councils. Finally, in case of transferring founder rights to the National Minority Council, the act on transferring founder rights shall determine the method of appointing the supervisory board members. In spite of the fact that national minorities are heirs, or founders of a great number of cultural properties, the Law on Cultural Property28 fails to adequately regulate representation and participation of minority self-government units in the decision- making process concerning the cultural property relevant for their culture and identity.
27 Official Gazette of the Republic of Serbia, no. 72/2009, 13/2016 and 30/2016 – correction. 28 Official Gazette of the Republic of Serbia, no. 71/94, 52/2011 – other law and 99/2011 – other law. 89 edited volume regulates regulates 29 Serbian national service 30 The Law on Public Information and Media Public Information The Law on Despite the fact that the privatisation of national minority of national minority Despite the fact that the privatisation Public interest in the field of public information includes, field of public information includes, Public interest in the 12/2016 – authentic interpretation. jezicima_nacionalnih_manjina_nakon_privatizacije_medija.pdf Official Gazette of the Republic of Serbia, no. 83/2014, 58/2015 and Official Gazette www.pravamanjina.rs/images/stories/Izvestaj_o_informisanju_na_ 29 30 media was finalised with no major consequences on information on information media was finalised with no major consequences public information serviceof national minority communities, the national minorities of Serbia failed to enable of Radio Television respective native languages to be appropriately informed in their the amount of media and scripts. The credit for maintaining in national minority contents, as well as quality of the program which, as a of Vojvodina languages goes to Radio Television fulfils public service of Vojvodina, of the Autonomous Province in national minority its obligation of broadcasting program of the Ombudsman of the languages. According to the Report National Minority Languages Republic of Serbia on Information in after the 2016 Privatisation of Media inter alia, full information of national minority communities in of national minority communities inter alia, full information as well as preservationtheir native language, of the cultural minorities living on the territoryidentity of the national of the Republic of Serbia. information in national minority languages as a public interest a public interest languages as in national minority information via public services; different ways: a) implemented in three units to found through the right of minority self-government b) associations with the purpose institutions and business by right to public information; and c) of implementing the public upon competitions in the field of co-financing projects, information. failed to respond to “what was for years demanded by the demanded by the failed to respond to “what was for years the territorynational minorities that mainly live on of Central access to information in Serbia, for the RTS to enable them equal are in Vojvodina their native languages, as national minorities programs of the provincial enabled through radio and television public service.” Information The situation is more complicated when it comes to the status and sustainability of the media in languages of national minorities founded by minority self-government units. The problem lies in the fact that the majority of printed and electronic media in national minority languages are not sustainable and their operation requires affirmative measures, i.e. additional financial support by the state, province and local self- governments. In spite of the fact that the Law on Information and Media explicitly envisaged public call as a manner of media financing, the Provincial Secretariat for Culture and Information adopted the decision on subsidising of the minority self- government units which founded institutions producing media contents. It may be that the Provincial Secretariat does not act in line with the law, yet its actions are just, as the media in minority languages have managed to survive due to these subsidies. The aforementioned Ombudsman Report provides an illustrative example of the funds necessary for publishing a single issue of Rusyn newspaper “Ruske slovo” being four times higher than the 90 total budget of the Rusyn self-government.
Goran Baši Co-financing upon winning funds in competitions for projects has created the biggest confusion, as these competitions are not implemented transparently, while no clear and measurable criteria for project acceptance have been defined. Furthermore,
ć the opinion of minority self-government unit pertaining to proposed projects should not be decisive for allocating funds. The general confusion is contributed by the fact that calls for co- financing of projects can be issued at any point during the year, which promotes the sense of insecurity of minority media founders. According to the aforementioned Ombudsman Report, by the end of 2016, out of 68 multinational local self- governments, only 28 made decisions to co-finance projects based on implemented competitions. In other words, 40 local self- government units did not select any media related projects, while 17 failed to publish calls for proposals. What may be encouraging, however, is the fact that in 2016, 49 out of 68 multinational local self-government units allocated almost 390,000,000RSD to co-finance the production of media contents in the public interest and in national minority languages. 91 edited volume 31 According to the Regulation, a national minority self- According to the Regulation, a national The funds secured in the budget of the Republic of Serbia Republic of Serbia The funds secured in the budget of the The amount of the funds obtained out of public resources funds obtained out of public resources The amount of the The Law on National Councils of National Minorities (Articles of National Minorities National Councils The Law on Republic of Serbia for Financing Operation of National Councils of of the Republic of Serbia, no. National Minorities, Official Gazette 95/2010 and 33/2013. Regulation of the Process of Funds’ Allocation out of the Budget of the Allocation Process of Funds’ Regulation of the 31 government unit (national council) is awarded 50 points if it has are allocated in such way that 30% is allocated equally to all allocated equally to all are allocated in such way that 30% is in the Republic of Serbia, registered national minority councils (70%) is allocated while the remainder of the resources national minority members proportionately to the number of the the remaining resources represented by the council. A half of councils proportionately to (35%) is allocated to national minority population total according to the share of the national minority in Other half of the the results of the latest population census. part for each field, in one remaining funds (35%) is divided in four, system defines system. The point-based line with the point-based information and the criteria in the fields of culture, education, official use of language and script, as well as the allocation of of points serves number to points for each of the criteria. Total councils in allocation of calculate the share of individual national the funds. allocated for operation of national minority councils is determined of national minority councils is determined allocated for operation Serbia, as on State Budget of the Republic of each year by the Law to the budgets of AP well as by the decisions adopted pertaining units. and local self-government Vojvodina 114 and 115) stipulates that the funds necessary114 and 115) stipulates for financing of the are obtained from the budgets national minority councils local Autonomous Province of Vojvodina, Republic of Serbia, as through donations and other units, as well self-government Article 119 of the Law also envisages sources of income. for National Minorities. By mid- Fund foundation of the Budget has not been founded. April 2018, this Fund Financing MinorityFinancing Self-Government Autonomy and Cultural founded an institute for culture, or a publishing house in a minority language, 20 points are awarded for publication of a journal in a minority language, while 5 points are awarded to those who publish multilingual journals. If a national council is the founder of a company which publishes a daily newspaper in a minority language it shall be awarded 70 points, another 50 points for a weekly, etc. Even though they promote integrative multiculturalism and they are much harder to prepare, bilingual periodicals are awarded five times less points. Each national council which has at least one national minority institution in the language and script of respective national minority is awarded 50 points. Finally, 10 points are awarded for each preschool, primary school and secondary school class in which education is provided in the respective national minority language. The same number of points is awarded for each bilingual class. The Autonomous Province of Vojvodina allocates funds in a similar way to the national councils of the minorities the number of which on the territory of Vojvodina makes more than a half of the 92 total number of that minority’s members in the Republic of Serbia,
Goran Baši or to the national councils of those national minorities the communities of which on the territory of Vojvodina amount to more than 10,000 members according to the latest population census.32 The criteria for the allocation of funds include the size of
ć a minority population (30%) and the number of institutions in the field of cultural autonomy (70%). The resources secured in the budgets of local self- government units are allocated, in line with a decision by the competent authority of the local self-government unit, to the national minority self-governments which represent the national minorities the communities of which make at least 10% of the total population of the local self-government unit, or the national minorities the language of which is in official use on the territory of the local self-government unit.
32 Decision on the Manner and Criteria of Allocating Budget Funds of the Provincial, Official Journal of the Autonomous Province of Vojvodina, no. 40/2012. 93 edited volume
33 & Lutovac, 2017) ć The policy of multiculturalism, implemented in Serbia The state interest assumes social stability and in multiethnic social stability and in multiethnic The state interest assumes It is an undisputed fact that the Republic of Serbia has the Republic of Serbia fact that It is an undisputed ruling majority and is reflected in the attitudes of the citizens. Thus, we of the citizens. ruling majority and is reflected in the attitudes believe that the will of have a somewhat larger number of those who the majority should always prevail, even over the rights of minority groups, than those disagreeing with such notion (39.3% against 34%). When the attitude towards national minorities is concerned, national minority members react to such position quite differently as: 89.2% of Bosniaks, 68.5% of Croats, 62.5% of Hungarians, 66.7% of Roma disagree with such position. (Baši The will of the majority is made absolute in the political discourse of the The will of the majority is made absolute in the political discourse 33 without a clear strategic vision since 2001, has managed to without a clear strategic vision since 2001, of solutions produce adverse effects. Selective implementation of the neighbouring borrowed from the multicultural policies countries, especially the Republic of Hungary, as well as the attitude of the majority towards national minorities exclusive societies it is achieved by erasing the borderlines between ethno- by erasing the borderlines between societies it is achieved this is achieved through cultural groups. In the political sense, transfer of decentralisation, different kinds of autonomy, units, adjustments to competences to minority self-government the election and political systems, etc. On the level of Culture, while limitrophe areas social integration of minorities is promoted, groups. The means to are created between different cultural the sense of societal security achieve this include: multilingualism, and intercultural exchange. invested momentous political and legal efforts with the purpose to political and legal efforts with the invested momentous that the of national minorities, but it is also true regulate the status policy to the multiethnic of multiculturality does not correspond nature of the country. indicators of such condition are The main a sum of a relations. Present day Serbia is the segregational social by side. It is ethnic communities living side number of monocultural and they do not know much about each other often quoted that result in ethic distancing and discrimination. that mutual prejudices have contributed to the establishment of a system which does not have contributed to the establishment rights are granted to “More” favour all national minorities equally. Conclusion: The Recognised Rights Do Not Rights Do Not Recognised The Conclusion: Minorities of National Social Integration Guarantee numerous, culturally and territorially homogeneous national minorities, while the national minorities the populations of which are less numerous and which actually require more protection, remain deprived of the majority of rights concerning the protection of their identity. The condition is further deteriorated by the partocratic operation of the state and its attempts to control social processes through “representation of political parties’ members” in the public bodies such as national councils. The influence of political parties on the bodies the function of which is based on autonomy and self-government renders meaningless the essence of the policy of multiculturalism. Finally, the attempts of minority self-government units, interconnected with the interests of political parties, to preserve centralised organisation and control the electorate within minority communities, represent a crucial obstacle to integrative and effective policy of multiculturalism. The present process of amending the regulation concerning the policy of multiculturalism evidences the lack of will, in both 94 national minorities and the state, to effect substantial and
Goran Baši meaningful changes. The political parties of certain national minorities and their national councils have managed to strengthen their negotiating position over time and they are fundamentally disinterested in any changes that may disturb or weaken their
ć leverage. The countries in the region that the most numerous national minorities in Serbia ethnically originate from, are generally satisfied with the existing condition where impermeable monocultural entities coexist on Serbian territory. The draft amendments of the most important legislation, which should provide foundations for the policy of multiculturalism, further evidence the lack of the state’s will to make radical changes. Time will tell what the consequences of such situation will be. 95 edited volume Položaj manjina Položaj , Beograd: Centar za Pravnog fakulteta, ka kultura. , MRGI. č Anali No. 1 (p. 1-19) Demographic No. 1 (p. 1-19) kih grupa”, in kih grupa”, č kom društvu kom č . Beograd: Institut društvenih nauka. . Beograd: Institut društvenih , Zagreb. Naklada Jesenski i Turk. (Lutovac, ed.). Beograd. Institut Zoran, , Oxford University Press. . Zagreb. Politi Stanovništvo Od segregativne ka integrativnoj politici integrativnoj Od segregativne ka anstvo đ Umetnost preživljavanja – gde i kako žive Romi u žive Romi Umetnost preživljavanja – gde i kako Universal Minority Rights , Beograd: Centar za istraživanje etniciteta. , Beograd: Centar za istraživanje ani Srbije i populizam đ . Marijana. 2015. ć i Rethinking Multiculturalism, Cultural Diversity and Political Political Diversity and Cultural Multiculturalism, Rethinking Nova politika identiteta politika Nova č Multikulturalnsot i etnicitet Multikulturalnsot Gra Politics in the Vernacular Multikulturalno gra Multikulturalno , Božidar. 2005. , Božidar. ni skupovi, Knj. LXXXII. Odeljenje društvenih nauka, Knj.19, SANU. ć Iskušenja demokratije u multietni demokratije Iskušenja č Palgrave. 2000.
Beograd: Institut za filozofiju i društvenu teoriju. Beograd: Institut za filozofiju , Nau ana”. In ana”. đ , Vojislav. 1996. „Vladavina prava i suživot etni 1996. „Vladavina , Vojislav. , Vojislav. 2005. „Demokratija i vladavina prava”. 2005. „Demokratija , Vojislav. Theory, Theory, godina LIII, br. 2. Pravni fakultet Univerziteta u Beogradu. godina LIII, br. u SRJ Srbiji, istraživanje etniciteta. društvenih nauka. gra multikulturalnosti Public Multiculturalism Policies", in Policies", Public Multiculturalism Research Centre of the Institute of Social Sciences & The AssociationResearch Centre of the of Belgrade. Demographers of Serbia, ć ć i i č č , Goran & Jakši , Goran. 2006. , Goran & Lutovac, 2017. “Ljudska prava i ‘opasni drugi’ u percepciji Zoran. , Goran & Pajvan , Goran. 2018.a. , Goran. 2018. "Social Status of the Roma in Serbia – Demographic aspects in Roma in Serbia – Demographic "Social Status of the , Goran. 2018. ć ć ć ć ć ć Parekh, Bhikhu. Parekh, Philips, Alan and Rosas, Allan. 1995. Stanov Parekh, Bhikhu. 2008. Parekh, Stanov Kymlicka, Will. 2001. Kymlicka, Will. 2003. Baši Baši Baši Baši Baši Bibliography Baši ć ć uši č Siniša Tatalovi Antonija Petri Antonija Faculty of Law, University of Zagreb, Croatia University of Law, Faculty Faculty of Political Science, University of Zagreb, Croatia Science, University of Political Faculty
96 Аутор 97 edited volume erentiated rights, erentiated ff national minorities, group-di equality and integration of national minority ective ff This chapter examines multicultural elements of the Croatian This chapter examines multicultural arguing that minority policyminority policy, that of multiculturalism should result acknowledges the postulates in e and should not result in segregation members in the society if and/or assimilation. The chapter furthermore assesses minority rights laws and minority policy result not only in the preservation and protection of minority cultures, but also if minority they result in tolerance and acceptance of national In doing so, this chapter members by the wider society. policy:critically examines six segments of the minority (i) right and to education of national minorities in minority languages political scripts, (ii) linguistic rights, (iii) media rights, (iv) and in participation of national minorities in the parliament units, (v) consultative role local and regional self-government at the of national minority councils in decision making regional and local levels of governance, and (vi) sector. representation of national minorities in the public Keywords: Croatian minority policy, cultural autonomy of national Croatian minority policy, public life minorities, participation of national minorities in The Croatian minority policy was not designed in the time of peace to address the specific needs of ethnic groups as a result of their cultural specificities and differences, but rather as a conflict Introduction A b s t r a c t In Search of Multicultural Elements of of Multicultural In Search Minority Policy:the Croatian Threatening Assimilation Segregation and Cultural P a r t 4 resolution measure undertaken in 1990, when the Constitutional Law on Human Rights and Freedoms and the Rights of Ethnic and National Communities or Minorities in the Republic of Croatia was passed.1 Later, the Constitutional Law on the Rights of National Minorities that amended the former chief piece of minority legislation in late 2002, came as a post-conflict measure with the main aim of accommodating the biggest national minority, i.e. the Serb minority, in a deeply divided society following the termination of the Homeland War fought from 1991 to 1995 with a part of the rebellious Serb minority which opposed the country’s independence from the former Yugoslavia, that was backed by the Yugoslav People’s Army and neighbouring Serbia. This conflict claimed about 20,000 victims and significantly impaired the inter-ethnic relations between the Croats and the Serbs. As multicultural policy should have as it objectives the preservation of cultural differences and identities among different groups, group-differentiated rights, i.e. the rights that allow for accommodation of national minority groups in the Croatian society, 98 will be examined. The chapter will initially present how cultural
Antonija Petri autonomy has been foreseen in the minority legislation and how it lives in practice. In this part of the chapter we will scrutinise the legal provisions that prescribe the right to education, linguistic rights and the right to access media, and we will assess the outcomes of the minority policy’s element that fosters the cultural
č autonomy of national minorities. Subsequently, the chapter will uši assess the effective participation of national minorities in public ć , Siniša Tatalovi life, both at the level of the central government and at regional and local levels, as well as through the work of national minority councils, i.e. consultative bodies that should foster dialogue between national minorities and local and regional governmental authorities, and by examining the effectiveness of the
ć representation of national minorities in the public sector. In order to assess minority rights laws, an extensive review of minority legislation and related literature has been conducted. In addition, the information on the implementation of the Croatian minority
1 A comprehensive list of all legal provisions which regulate the rights of national minorities in Croatia and that are mentioned in the present chapter is attached as an annex to this chapter. 99 edited volume 2001). Such a tradition was inherited by 2001). Such a tradition was inherited ć In 1992, the Republic of Croatia was recognised as a In 1992, the Republic of Croatia was recognised Croatia and further developed upon declaring independence in Croatia and further developed upon declaring the state, it kept 1991. When Croatia became an independent protection of the autochthonous national minorities (such as the Roma, etc.) Slovak, Ruthenian, Turkish, Hungarian, Italian, Czech, and extended it to ethnic communities that used to be the constituent ‘nations’ of the former state (Albanians, Bosniaks, Montenegrins, Macedonians, Slovenes, Serbs). sovereign and independent state. Prior to that,sovereign and independent state. Prior it was a federal unit (SFRY). Croatia was of the Socialist Federal Republic of Yugoslavia by the it was attacked in a state of war from 1991 to 1995, after army and paramilitary by a part of its forces organised Yugoslav Serb population, that, time, constituted 12% of a total at that of resulted in a large number population. The Homeland War and a severe destruction refugees and internally displaced persons The protection of national of both public and private property. ‘nationalities’) is a minorities (who, at that time, were called Back then, of the SFRY. tradition which dated back to the time practice allowed for the legislative guarantees as well as societal preservation distinctiveness of persons belonging to of cultural ‘nationalities’ (Tatalovi Gradual Development Development Gradual Minority Policy of the Croatian policy was retrieved from the Ombudswoman’s reports, from state reports, from policyOmbudswoman’s from the was retrieved Convention for of the Framework the implementation reports on Charter for and the European of National Minorities the Protection of the Advisory from the opinions or Minority Languages, Regional Protection of Convention for the Framework Committee on the and the Committee of ExpertsNational Minorities on the European or Minority Languages, as well as from Charter for Regional Commission prior to prepared by the European numerous reports countrythe accession of the Union in July 2013. to the European a clearer approach should assist in providing This methodological in to which multiculturalism has been reflected idea on the extent policyboth the Croatian minority and in the society. However, as a consequence of the 1991-1995 war fought for Croatian independence, the ethnic picture of this country significantly changed. The absolute number of members of national minorities declined, with the exception of the Albanian, Roma and German minorities (Tatalović 2001). The greatest decline was recorded among the Serbian minority members, which fell from the registered 12.2% of the total population in 1991 to 4.54% in the 2001 Census. However, Croatia is a multicultural and multiethnic state since its citizens are declaring a number of distinctive national identities. Along with Croats, who are the titular nation, its citizens include Serbs, Czechs, Slovaks, Italians, Hungarians, Jews, Germans, Austrians, Ukrainians, Rusyns, Bosniaks, Slovenians, Montenegrins, Macedonians, Russians, Bulgarians, Poles, Roma, Romanians, Turks and Vlachs. National minorities currently make up 7.5% of the population, the most numerous being the Serb national minority, which today accounts for 4.5% of the population. Croatia was first conditioned by the international community, in early 1990s, to develop its minority legislative framework in 100 return for the international recognition of the country’s sovereignty
Antonija Petri and independence (Tatalović 2005; Petričušić 2017). Such practice of international conditioning regarding the implementation of minority rights in post-communist Europe was labelled by Kymlicka as “internationalisation of minority rights issues” (Kymlicka 2002: 2). This condition was eventually elaborated in the 1992 Constitutional
č Law on Human Rights and Freedoms and the Rights of National and uši Ethnic Communities or Minorities. Again, under the demand of the ć , Siniša Tatalovi international community, primarily the Council of Europe, but also the OSCE and the European Union, a new minority legislation was developed, resulting in a new Constitutional Law on the Rights of National Minorities (hereinafter: CLNM) which was passed in late 2002. The CLNM has incorporated all contemporary minority
ć protection standards as set by the Council of Europe’s Framework Convention for the Protection of National Minorities (hereafter: FCNM) and other legally binding international minority law instruments (Petričušić, 2004, 2017; Tatalović, 2014; Babić 2015). The idea that minority cultures represent an integral part of the cultural heritage of the society was likewise justified by the judgement of the European Court for Human Rights (hereinafter: 101 edited volume EU - th ć i č a Č 2017). Unlike 2017). Unlike ć uši č 2006). The multiculturalist outlook of the 2006). The multiculturalist ć Croatia applied for EU membership in 2003 and the membership in 2003 and Croatia applied for EU Identity and cultural politics have been theoretically Identity and cultural European Commission recommended that it be accepted as an Commission recommended that it be accepted European of a candidate countryofficial candidate in early 2004. The status Council in mid-2004. was granted to Croatia by the European October 2005 and were Accession negotiations commenced in on 9 of Accession the Treaty finalised in June 2011. Croatia signed Member ratified by all EU December 2011, which was consequently Croatia became the 28 States and Croatia, and on 1 July 2013, Croatian minority policy by equality-based and can be justified from constitutional identity-based arguments. Indeed, apart there are a provisions regarding equality and non-discrimination, prescribe the equality of number of legal guarantees in place that and that foresee that discrimination in all persons before the law, language, religion, national law and practice on the grounds of race, effectively sanctioned. The or social origin shall be eliminated and culture and lifestyle of persons belonging to national identity, minorities in Croatia is preserved and protected through different measures focusing on the preservation of ethnic, cultural, linguistic and communities. or religious identities of minority members explained by different authors in order to describe and justifyexplained by different the cultural pluralism that the states concerned different policies of formulate and pursue ( cultural differences with people’s ECtHR) back in 2001 in the case Chapman v. UK. The ECtHR UK. The ECtHR v. 2001 in the case Chapman back in ECtHR) and cultures is specific identities held that protecting judgement national minorities belonging to not merely for persons beneficial that the special held whole. The ECtHR the society as a but also for and an obligation to protect their identity needs of minorities “not only for the purpose of safeguarding should be put in place minorities themselves but to preservethe interests of the a value to the whole community.” cultural diversity of Kumpes 2004: 149; Mesi Kumpes 2004: 149; in previous EU enlargements - when the pre-accession criterion in previous EU Member State. In the course of the EU accession, the European the European accession, Member State. In the course of the EU Commission identified minority rights protection, prosecution of war crimes, and return and reintegration of refugees as areas that required additional reform efforts on the part of the government and Arkan 2014, Petri (Benedek et al. 2012; Keil regarding ‘respect for and protection of persons belonging to minorities’ presumed the development of legislative and institutional framework for the integration of national minorities - the return of refugees and restitution of their property was set as a pre-accession criterion for the accession of Croatia to the EU (Mesić and Bagić 2011; Mesić and Bagić 2016; Petričušić and Mikić 2013). In this way, the EU accession process should have enhanced the return of refugees of Serbian origin who fled the country following the liberating military operation undertaken by the Croatian authorities in the summer of 1995. Indeed, in the course of the EU accession, the implementation of minority rights, particularly of the Serb minority, “became more inclusive, resulting in the gradual expansion of the scope of rights granted to national minorities” (Koska, 2011: 51-52, Petričušić 2017: 309-316) However, despite the systematic steps taken by the authorities to ensure adequate conditions for the return of refugees, the return process, at best, can be assessed as partial. By December 2015, the authorities and the UNHCR registered 133,242 Serbian minority returnees to Croatia - more than a half of those who had 102 fled the country before June 2015, while 32,855 refugees from
Antonija Petri Croatia remained registered in the region (Commissioner for Human Rights of the Council of Europe 2016: 12). Another approach to enhancing minority protection and preservation of minority cultures is to conclude bilateral agreements on the protection of national minorities with
č neighbouring countries (Lantschner and Medda 2002). Croatia uši signed and ratified bilateral agreements concerning minority rights ć , Siniša Tatalovi with Italy and Hungary in 1995 and 1996 respectively. The bilateral agreement with Serbia and Montenegro (then still a single country) on the protection of the Serbian/Montenegrin national minority in the Republic of Croatia and the Croatian national minority in Serbia and Montenegro was eventually signed in 2004 and entered into
ć force in 2005. In 2008, a bilateral agreement on mutual protection of national minorities was signed with Macedonia and in 2009 with Montenegro. Bilateral agreements with Slovenia and Bosnia and Herzegovina are not likely to be signed, because the Croats do not have a national minority status in these countries. The aim of a minority policy should be to allow for equality and non-discrimination of all citizens by securing the resources 103 edited volume The rights of persons belonging to national minorities The rights of persons belonging to national enshrined in the CLNM, which they may exercise individually or individually enshrined in the CLNM, which they may exercise jointly with other persons belonging to the same or other minority, are: the right to private, public and official use of their language and script, use symbols and insignia, the right to the right to observe events and commemorate persons of importance to the Cultural Autonomy of National Minorities of National Autonomy Cultural enabling ethnic minority groups to pursue their identity and to pursue their minority groups enabling ethnic in the providing their integration and by cultural differences, policy Croatian minority The of rights does grant a number society. minorities and as national groups that are recognised to ethnic policies in the fields of language, pursues difference-sensitive rights in along with special representation culture and education, first set of rights aims at preserving The the political community. belonging to national minorities. the identity of individuals are have argued that such solutions Theorists of multiculturalism and with freedom, the equality of all citizens consistent both with footing in terms of access to on equal as they place all citizens to their own culture access all citizens culture, and also allow to The second set of rights granted (Kymlicka, 1995: 27-30). to national minorities in Croatia addresses persons belonging national minority members in state of under-representation power (i.e. the parliament institutions and in institutions of political Proponents of multiculturalism and local and regional assemblies). in the parliament or argue that guaranteed seats for minorities as a measure that other representative bodies can be introduced decision-making assures minority representation in political they also warn that the (Kymlicka, 1995: 131-152). However, necessarily ensure that the measure of guaranteed seats does not perspectives are then indeed ‘represented’ interests or group’s (Kymlicka, 1995: 149). Susan A. A. Banducci and Jeffrey Karp (2008: accommodation measure of 65) consider however that such special reserved seats “may actually serve to create resentment among lead to resentment among the non-minority population and also the various ethnic groups.” historical and cultural identity of the national minority, the right to education in the national minority language and script, the right to religion, expression of a religious worldview, the right to form religious communities, the right to association, and the right to access to public media. Taken as a whole, these rights are recognised as the set of rights to cultural autonomy and their aim is to assure the preservation of a particular minority culture and specific identity traits of members of national minorities (Jakešević 2013). Besides the CLNM, there are two additional legislative acts that strengthen the use of minority languages in Croatia: the Law on the Use of Languages and Scripts of National Minorities, which prescribes the equality of minority languages and scripts with the Croatian language and Latin script in the administrative and legislative procedures at local and regional levels. and the Law on Education in Minority Languages, which sets the conditions for education in a national minority language and script (Crnić-Grotić, 2002).
104
Antonija Petri Right to Education
The CLNM and the Law on Education in the Language and Script of National Minorities grant the right to education in the languages and scripts of national minorities, taking into account
č international law sources that guarantee the preservation of their uši collective identity through education. The tradition of a publicly ć , Siniša Tatalovi funded system of education in national minority languages has a long tradition in the Croatian educational system but it remains segregated, as a rule, attracting a small number of minority pupils and not pupils belonging to other ethnic groups (Babić 2013; Blažević-Simić 2014). Nevertheless, such a system was assessed by
ć the Advisory Committee (2010: 2), the expert body that oversees the implementation of the Framework Convention, as “[a] well- developed system of minority language education” that is “permitting students belonging to national minorities to receive instruction in or of their languages. The number of children attending schools teaching minority language or in minority language remains stable. Textbooks for mother tongue education 105 edited volume imurje imurje đ đ In 2010, the
As a result of this judgement,
2012). ć “kin-States” have been approved for use in have been approved “kin-States” In spite of Croatia’s solid track in fulfilling educational In spite of Croatia’s developed in the developed Croatian schools and efforts have been undertaken at the primary have been undertaken and efforts Croatian schools other subjects used for teaching to translate textbooks school level no similar languages. Regrettably, into minority from Croatian at the secondaryefforts have followed school level.” provisions for this and other national minorities, the implementationprovisions for this and other national minorities, has remained a greatof education rights for the Roma minority segregation in Me challenge. There were several cases of European Commission (2010: 14-15) assessed that “[w]ith regard to regard “[w]ith Commission (2010: 14-15) assessed that European Law education provisions of the Constitutional cultural rights, the to to minorities are generally continuing and other laws relevant it stated that in 2011 However, be implemented satisfactorily.” in the area of schooling, including “further work is needed and in planned general human rights education implementation of efforts of the role of schooling in reconciliation particular a review teaching material and the portrayal of through reviewing for pupils Commission 2011: 13). Education minorities” (European has been improving since the of Serbian ethnic background in 1990s. termination of the war and armed conflict where Roma minority children were placed in separate County, referred to poor Croatianclasses in local schools. The authorities for their segregation of Roma pupils in language skills as an excuse the teaching in Romathe Croatian educational system. In addition, in scope and volume asonly classes has been significantly reduced and indeed to thecompared to the officially prescribed curriculum classes. Because ofquality of education delivered in the non-Roma fifteen Roma has filed asuch practices, a legal representative of Chamber of On 16 March 2010, the Grand complaint to the ECtHR. segregation of Roma children in three ruled that the the ECtHR Croatian elementary the County of Me schools located in into separate classes based on language competencies constitutesinto separate classes based on language unlawful discrimination (Grgi certain normative amendments were undertaken, inclusion of Roma certain normative amendments were undertaken, children into the educational system (from preschool to higher-level has increased, and the number of Roma educational institutions) minority children included in preschool education has significantly risen since the Government covers the costs of preschool education in integrated classes. All these measures should steadily enhance the educational opportunities for Roma and help the integration and inclusion of the Roma minority in the society.
Language Rights
Minority languages can be used freely in private and in public and their co-official usage is determined in detail by the Law on the Use of Language and Script of National Minorities. There are four criteria for the official use of a minority language and script: the speakers must constitute at least one-third of the population of a local community (municipality or city); or such use results from an international agreement; a local community has prescribed in its statute that a minority language has a co-official status; or, a county has so prescribed in its statute. However, only in two cities (Vukovar and Vrbovsko) and 25 municipalities in Croatia, national minorities are entitled to exercise this right based on their numerical 106 representation (Commissioner for Human Rights of the Council of
Antonija Petri Europe 2016: 15). If a group of minority language speakers does not meet one of the criteria for the official use of minority languages, while nevertheless representing a sizeable community in a city or municipality, it is up to the local self-government to decide whether or not the language shall be granted equal and official use. One
č such example is the municipality of Daruvar, where the Czech- uši speaking population amounts to almost 19% of the total ć , Siniša Tatalovi population, according to the figures provided by the municipality itself, and their distribution is concentrated. This is clearly a sizeable community but it falls outside of the scope of the above-mentioned domestic legal provisions, and it took some time for the municipality to grant the co-official status to the Czech language. In
ć such cases, the use of the language is actually subject to the absolute discretion of the local authorities. The Committee of Experts (2008: 35-36) welcomed “the fact that the equal and official status has been granted to the Czech language in parts of the Daruvar municipality.” The Committee of Experts, however, drew attention to the fact that the there are no municipalities where the Slovak and Ukrainian languages are in equal and official use, though 107 edited volume After the 2011 census results revealed that the Serbs make that the Serbs make After the 2011 census results revealed up 34.87% of the population in the city of Vukovar, a city that was of Vukovar, up 34.87% of the population in the city Army and Serbian paramilitary severely devastated by the Yugoslav the central government forces in 1991 in a three-month siege, Law on Use of Languages and became bound by the CLNM and the Serbian Cyrillic script,Scripts of National Minorities to introduce plates of public alongside Croatian, as co-official, on the is a symbol of institutions (court, police station etc.). Vukovar people died during the Croatian resistance and more than 1,600 siege and about 2,500 were wounded, while the shelling of the and the region town destroyed more than 8,000 buildings. Vukovar of Eastern Slavonia were reintegrated into Croatia in 1998 by the Agreement. The war veteran associations and rightist Erdut Peace political parties opposed the decision on the introduction of Cyrillic these two languages are protected by the Charter for Regional or for Regional or by the Charter languages are protected these two minority CRML). National (hereinafter: Minority Languages script of their their name in the have the right to use members to obtain a bilingual records, as well as in all official mother tongue and in the minority language throughout identity card in Croatian territory languages can also be of the Republic of Croatia. Minority belonging proceedings, and a party used in judicial or administrative the community must be informed about to a recognised minority language and script.right to use his/her If a party’s use request to a serious script is not granted, this constitutes his/her language and for appeal and and represents sufficient grounds procedural error, and protection refers to both civil suits new proceedings. This spite of proceedings. Nevertheless, in criminal and administrative guaranteed right,this constitutionally than 1% of judicial less the languages. However, proceedings are conducted in minority Committee of Experts Charter for Regional or of the European slow overall progress as Minority Languages (2010: 10) noted concerning regional or regards the implementation of legislation usage of a minority minority languages, but warned that “[t]he authorities varies from language in relations with administrative same level of protection is not […] The one region to another. and scripts in the areas afforded to other minority languages minorities, in particular to inhabited by persons belonging to other the Serbian and the Hungarian minorities.” script in Vukovar, arguing it should be postponed for at least ten years, and called for a referendum as to whether the provisions of the CLNM providing for the official use of national minorities’ languages should be amended by replacing the existing ‘one third threshold’ with ‘a 50% threshold’ (Commissioner for Human Rights of the Council of Europe 2016: 14). A series of violent incidents occurred in which the bilingual plates on official buildings in Vukovar were broken by individuals, occasionally by war veterans. In August 2014, the CC dismissed as unconstitutional a request submitted by a war veteran initiative “Headquarters for the Defence of Croatian Vukovar” to hold a referendum on the linguistic rights of national minorities and ordered the City Council of Vukovar to regulate the use of the Serbian language and script “while giving due consideration to the specific circumstances in Vukovar and the needs of the majority ethnic Croat population, while ensuring adequate conditions for respectful and rightful treatment of the Serbian national minority there” (ibid.) In accordance with this CC judgement, the City Council of Vukovar amended its Statute in August 2015 and 108 adopted a decision which temporarily suspended the official use of
Antonija Petri the Cyrillic script in bilingual plates on any of the municipal institutions, official buildings or street names, providing an option that this decision can be suspended when “the level of tolerance, solidarity and dialogue among the citizens of Vukovar” are satisfied. Although the Ministry of Public Administration requested the CC to
č decide whether the aforementioned decision of the Vukovar City uši Council was in conformity with the CC’s decision of 18 August 2014, ć , Siniša Tatalovi the CC has not yet ruled on that request (Commissioner for Human Rights of the Council of Europe 2016: 14). Both the Committee of Experts of the European Charter for Regional or Minority Languages and the Advisory Committee have condemned the practice of disrespecting the implementation of
ć the Law on Use of Languages and Scripts of National Minorities by local authorities and suggested pathways for reconstruction of trust among formerly warring sides. The Committee of Experts had recommended in its most recent report (2014: 9) “that Croatia continue its efforts to promote awareness and tolerance vis-à-vis minority languages, in all aspects, including usage of signs and traditional local names with inscriptions in Cyrillic script.” The 109 edited volume Law on Law and the Law on Electronic Media on Electronic Law . However, all these additional legislative all these additional . However, , the Access to media for national minorities is, in addition to the Access to media for national minorities The set of minority rights that refers to cultural autonomy rights that refers to cultural autonomy The set of minority Law on Media Law CLNM guarantees, implemented through the provisions prescribed CLNM guarantees, implemented through in the includes access to radio and television programmes which should and television programmes which includes access to radio to get acquainted with their history,help national minorities In order to ensure the rights of national culture and religion. scripts information in their languages and minorities to receive councils, radio and television, national minority through the press, are entitled to perform minority representatives and associations can issue newspapers, public information activities (i.e. they programmes, and produce and broadcast radio and television and local National, regional perform the activity of news agencies). understanding for public broadcasters are obliged to promote and broadcast members of national minorities and produce minorities in their own programmes aimed at informing national the right to participate in the languages. Minority associations have minorities. Resources for creation of such programmes for national the state and local and these programmes are provided from unit budgets. regional self-government Media Rights Advisory and considers that “dialogue (2016: 24) Committee be the most at local level may initiatives awareness-raising and peaceful of cohesion tools for the promotion appropriate and languages.” of different cultures co-existence Croatian Radio-Television sources do not extend or additionally facilitate representation and sources do not extend or additionally and Ciboci 2011; Car participation of minorities in media (Kanižaj defines the obligation of and Kanižaj 2010). The Law on the Media tolerance and prohibits the media to promote inter-ethnic dissemination of contents that would be degrading or insulting The Law on Croatian Radio and Television based on ethnicity. stipulates that in the implementation of programming principles, broadcast shall produce and/or the Croatian Radio and Television specific programmes aimed at informing members of national minorities. The Radio and Television Council is an independent body responsible for granting concessions for carrying out radio and television activities and appears to be the body referred to in that provision. One of the members of the Council is a representative of a national minority. The Law on Electronic media established the Electronic Media Diversity and Pluralism Incentive Fund. Since 2005, the Fund has allocated financial resources on a yearly basis through a public tender for various incentives in electronic media that are, inter alia, fostering inter-ethnic diversity. The issue of minority access to media was also raised in the course of the EU accession of Croatia and Croatian authorities were warned consecutively that the presence of information in the language and script of national minorities in the media was insufficient. The European Commission (2009: 15) noted “little progress with regard to the production and/or broadcasting of programmes for minorities in their languages by public radio and TV stations, as envisaged under the CLRNM.” The authorities subsequently took a number of steps to allow for a greater presence 110 of national minority languages in the media and programmes aimed
Antonija Petri at informing national minorities in their language in Croatian TV and Croatian Radio programmes. This also pertains to programmes aired at local radio and television stations. However, the activities outlined in the Action Plan appear to be mainly of a cosmetic nature. None of them can substantially improve or change the current practice, since
č none of the activities foreseen are innovative or aimed at uši mainstreaming minority topics in public broadcasting or in the ć , Siniša Tatalovi mainstream media. The Law on Media includes the obligation of the media to promote inter-ethnic tolerance. Although the national media have made progress in meeting this provision, some regional media may still sometimes adopt intolerant or discriminatory speech. The European Commission (2010: 14-15) acknowledged in
ć 2010 that “[n]egative stereotyping of national minorities in the media has decreased. The broadcasting of anti-minority slogans on national television during a football match highlighted the lack of a reflex to condemn such attitudes.” As a public broadcaster, the Croatian Radio and Television fulfils its obligation to ensure the rights of national minorities to broadcasting in their own language through a special weekly 111 edited volume , 2006). This subsequently ć . It covers the activities of all national the activities of all . It covers and Malovi ć Prizma Apart from the programmes aired by the public broadcaster, the public broadcaster, Apart from the programmes aired by can happen only A true integration of minorities into society multinational TVmultinational show a number of newspapers in national minority languages and scripts a number of newspapers in national minority and financially supported by are published by minority associations, minority media might not be the state budget. Obviously, require support or and therefore competitive on the open market The publishing activities of even financial subsidies form the state. funded by the state budget,national minority associations, being not market-oriented formats and often result in quite out-of-date standards as in the production, not meeting the same professional mainstream media (Vilovi of the social activities, if they actively participate in all segments mainstream media, i.e. the media being one of them. However, topics and that are those that are not specialised in minority intended for the general public, into account do not, as a rule, take the In other words, the ethnic diversity of the Croatian society. ethnic composition of the country is often not proportionally represented in media coverage. A study on the coverage of minority related topics in Croatian dailies conducted in the period minorities’ associations and related news. Documentaries, concerts concerts related news. Documentaries, associations and minorities’ customs of about the traditional programmes and educational as part of the broadcast are occasionally national minorities The Croatian Radio broadcasts several cultural programme. a minorities. The first channel broadcasts programmes for national for national minorities called “Multikultura” programme intended every for national and a by-monthly programme Saturday, local radio stations Several is aired on Tuesdays. minorities “Agora” Radio languages: Radio Osijek in Hungarian, broadcast in minority In its latest report and Radio Daruvar in Czech. Danube in Serbian (2016), the Advisory its concern that Committee had reiterated not sufficiently integrated in the mainstream minority interests are pay the fact that the mainstream media media, underlining “only in the case of a attention to the topic of national minorities particular incident or event, negative and often evoking often international or regional news” (ibid.). even to the readers from reduces the appeal of these publications national minority communities. from 2001 to 2003 revealed that articles on minorities are predominantly presented as political topics and reported in journalistic forms with hardly any analytical articles (Kanižaj 2003). On the other hand, the study revealed that minority representatives as a rule do not know how to present their issues to the media and are unable to draw attention of the print media to their cultural, social and other activities, which is vital for their full social integration and their positive public image (ibid.)
Group Representation of National Minorities in Public Life
Effective participation of persons belonging to national minorities in public affairs does not only include the affairs relating to the protection and promotion of minority identities, but also involves participation of minorities in decision-making or consultative bodies (Mesić 2013). Palermo and Woelk (2003: 226) argued that “the legal 112 instruments in which the political representation and participation of
Antonija Petri minority groups are embodied constitute an exception to the equality principle, at least in a formal sense.” They recognised that political representation of national minorities in decision-making bodies constitutes “the choice … of a political nature” (ibid.). The Croatian legislation has acknowledged an array of rules relating to
č group representation of national minorities in public life: uši participation in public life and to advocate their interests at the level ć , Siniša Tatalovi of national, regional and local government, a special electoral rule, i.e. a lower electoral threshold, consultative bodies, and minority representation in state administration and judicial bodies, etc.
ć Political Representation of National Minorities in the Parliament and in Local and Regional Self-Government Units
An electoral system that recognises reserved seats was put in place in order to facilitate the incorporation of national minority group interests through representation in decision-making bodies 113 edited volume 2010; Boban 2011; 2010; Boban ć i č 2016). A special electoral rule ć 2010: 13). In addition to these guaranteed 2010: 13). In addition to these guaranteed ć i č 2001: 101; Baketa and Kova Baketa 2001: 101; 2016). The Serbian national minority group elects three national minority group elects three 2016). The Serbian ć ć The 2010 amendments to the CLNM (HorvatThe 2010 amendments to the CLNM 2010) granted The right to propose candidates as national minority The right to propose candidates as national imposes no limitations (election threshold) for the election of imposes no limitations (election threshold) Parliament,national minority members into the Croatian and the which in practice means candidate with the most votes is elected, a parliamentarythat national minority groups may gain seat with population candidates significantly fewer votes than the majority and Kova (Baketa the amendments Firstly, a dual voting right to national minorities. minorities introduced a double voting right for national constituting less than 1.5% of the population (all but the Serbs), first in a special electoral district for minorities, which they exercise applied nationwide, and secondly in one of their residence. The amendments also foresaw a separate voting mechanism for the Serbs that would assure at least 3 MP seats but also gave them the members is granted to political parties, voters and national members is granted to political parties, minority associations (Tatalovi be nominated and win seats, national minority members may parliamentary political parties’ lists. seats through and in public life, as well as to promote post-conflict stability. stability. promote post-conflict life, as well as to and in public Parliamentary is minority population of ethnic representation electoral unit eight MPs in a special through election of acquired (Tatalovi Tatalovi one and Italian national minority groups members, the Hungarian groups and Slovak national minority the Czech member each, and Roma, The Austrian, Bulgarian, German, Polish, one member. Jewish Ukrainian, Vlach and Russian, Turkish, Romanian, Ruthenian, elect one member and the Albanian, national minority groups minority Macedonian and Slovenian national Bosniak, Montenegrin, in the Croatian Parliament.groups elect one member Eight were coalitional partners of the central- national minority MPs (2003- in the two consecutive governments rightist government 2017, in the current central- 2007 and 2007-2011) and again, since rightist government. government that was The centre-left coalition national minority MPs in in power from 2011-2015 did not require MPS supported the the vote of confidence, since minority coalitional treaty. government of that time but signed no possibility of winning the 4th MP seat (this electoral mechanism is known as the premium system). The Serbian politicians legitimised this dual solution for national minorities through their numerical size, saying that this gave them the right to a specially designed electoral system. In spite of the legitimisation provided by those who put forward the amendments, the novelty foresaw that the Serb electoral lists would run in all electoral districts, but each party with a single list across the country (the Law on Elections of Representatives to the Croatian Parliament, prescribes that political parties or independent lists must have a special list for each and one electoral district). Such amended ‘bastard’ voting mechanism was part of a coalitional share. Namely, the centre-right government led by the Croatian Democratic Union (HDZ), involved the Independent Democratic Serbian Party (SDSS) as coalitional partners. The former government was furthermore supported by all national minority MPs. However, the amended electoral legislation was contested by a number of constitutional complaints that required judicial review of the Constitutional Court 114 (hereinafter: CC). In July 2011, he Croatian CC abolished the dual
Antonija Petri voting right and outlawed the separate voting mechanism for the Serbian minority. The CC decision prescribed that the “old” voting mechanism remain in place until the Parliament passes new legislation, but that has not happened since. National minorities in addition have the right to
č representation in representative bodies in local and regional uši self-government units. They are guaranteed the right to ć , Siniša Tatalovi representation in the representative bodies of the local self- government and representative bodies of the regional self- government. When at least one member of a national minority has not been elected into a representative body of a local self- government based on the general voting right, when this minority
ć represents from 5% to 15% of the population, the number of representation body members for this local self-government will be increased by one member, and the national minority member not elected as the first one on the list based on the proportional success of each list at elections will be considered as elected, unless a special act establishes the appointment of representation body members for a local self-government differently. 115 edited volume
ć i č A new model of minority representation was introduced in The guaranteed representation of national minorities The guaranteed representation In regions where national minority members do not members do where national minority In regions 2002 by the CLNM: national minority representatives, councils 2002 by the CLNM: national minority representatives, councils and their coordination. They should contribute to inter-ethnic provides for a proportion of seats in the legislative bodies at the of seats in the legislative bodies provides for a proportion held by and local government that are level of national, regional neither the minority groups. However, members of national nor the non-minority majority of national minority members and institutional population perceive the electoral system persons belonging to arrangements on the participation of and Kova just (Baketa national minorities in public affairs as constitute the majority of the population, self-government population, self-government the majority of the constitute members into elect national minority may determine to authorities addition, the CLNM authorities. In body of these the representative bodies of those in the executive ensures minority representation in counties where proportional representation municipalities and is For municipalities, representation elected bodies is required. 15% of the total minority population exceeds ensured when the counties, a minority’spopulation, while for total population must total population. 5% of the exceed members such a 2010; Boban 2011). For national minority integration in the mechanism fails to assure national minorities’ political process. On the contrary, it is favourable and opportunistic political elite and leaves merely for the narrow national minorities’ ordinary minorities out of reach of the members of national population, the electoral For the non-minority political power. in place are perceived as system and institutional arrangements because minorities are given a more clientelist and unfair, favourable electoral treatment, given their representatives are no electoral threshold. For elected in a special electoral unit with trust. inter-ethnic both, such mechanisms do not enhance Consultative Role of National Minority Role Consultative in Decision Making at the Regional Councils of Governance Levels and Local cooperation at local and regional levels. The idea behind putting forward these bodies was to additionally consolidate the right of minorities to effectively participate in public life (Petričušić 2015, 2012, 2011; Jakešević, Tatalović, Lacović 2015). National minority councils are consultative bodies that exist at all levels of governance in Croatia with the principal mission to coordinate and promote common interests of national minorities in the cities and regions where they are established and operate. They are granted the right to propose to self-government units measures for the improvement of the status of a national minority in the state or an area thereof, including the submission of proposals of general acts which regulate the issues of significance for a national minority to the bodies which adopt them; the right to propose candidates for offices in state administrative bodies and bodies of self-government units; the right to be informed of each issue to be discussed by the working bodies of the representative body of a self-government, and which pertains to the status of a national minority; the right to provide opinions and proposals 116 with regards to the programmes of radio and television stations
Antonija Petri at local and regional levels intended for national minorities or programmes which deal with minority issues. The candidates for national minority councils are nominated by minority associations or parties, which must collect supporting signatures of at least 20 members of national minorities from the
č territory of the municipality, or 30 from the territory of a city or 50 uši from the county. Once elected, a national minority council is a ć , Siniša Tatalovi non-profit legal entity that acquires its legal personality upon registration in the Register of the National Minority Councils run by the Ministry of Administration. The president and vice-president of the council are elected in a secret ballot by all council’s members. The president represents the council, calls its sessions and has
ć various other rights and duties determined by the statute of the council. The council has to adopt its working programme, financial plan, final statement of account, and the statute by a majority vote of all its members. All these documents have to be published in a local or regional Official Gazette. A persistent low turnout of voters in national minority council elections (around 10% in all four of the previous voting 117 edited volume 2015: 33). ć , Lacovi ć , Tatalovi majority of local authorities. Moreover, majority of local authorities. Moreover, ć 15). Similarly, in 2010, the Commission stated 15). Similarly, In the Resolution on the implementation of the FCNM by In the Resolution on the implementation cycles) raises a question over the legitimacy raises a question cycles) that of the institution at regional and minority participation more effective should assure that future to ensure of governance. Harmonisation local levels concurrently with place councils take to national minority elections only government units could local self- the elections date for takes in the CLNM and the electoral legislation happen if a change if they more minority voters would vote place. This means that for go to polling stations open exclusively would not need to incidents occur minorities (in a country where inter-ethnic for choosing security concern is a serious impediment sporadically, council the prescribed right to elect minority to exercise national minority council elections Organising representatives). minority elections would probably compel more together with local as this in national minority council elections, voters to participate with voting exclusively would reduce the stigmatisation associated Elections held concurrently at national minority council elections. would likely A change in practice would also be more cost-effective. elected into minority increase the number of minority members councils, thus strengthening the legitimacyminority of the elected representatives (Jakeševi Croatia, adopted on 6 July 2011, the Committee of Ministers found Croatia, adopted on 6 July 2011, the of the councils of national minorities is, in functioning that “[t]he co- units, unsatisfactory. In particular, self-government many minorities and local operation between the councils of national low turnout at elections to authorities is lacking. In addition, the the democratic the councils of national minorities undermined legitimacy of the electoral process. The funding for the councils, units local self-government which should be secured through the and the state budget,seriously limiting their remains inadequate, Back in 2008, the European capacity to function effectively.” financial support,Commission found that “[d]espite increased the sufficiently recognised yet councils for national minorities are not as advisory bodies by the that “[d]espite increased financial support, the councils for national their independence and influence is affected by the fact that they depend on the budget of the town authority or council” (European Commission 2009: minorities are not sufficiently recognised as advisory bodies by the majority of local authorities. They remain financially dependent on the local authorities, affecting their independence and influence” (European Commission 2010: 14-15).
Representation of National Minorities in the Public Sector
Public sector employment is one of the most important fields in which equal opportunity should be ensured. The CLNM ensures minority representation in state administration and judicial bodies, taking into account the share of national minority members in the total population at the level at which the State administration or judicial body was established and acquired rights. In order to implement the provision of the CLNM on minority representation in state administration and judicial bodies, several laws had to be amended (the Law on the State Administration, Law on Courts, Law on 118 the State Judicial Council, and Law on the State Prosecutor’s Office).
Antonija Petri The Advisory Committee criticised the representation of national minorities in public services as early as in 2001, when it found that employment opportunities in state administration for persons belonging to national minorities, particularly for persons belonging to the Serb minority, are less favourable than that for citizens of the
č Croat ethnic origin. The Advisory Committee expressed concern that uši “the extraordinarily low representation of national minorities within ć , Siniša Tatalovi the executive and in the judiciary is partially a result of past discriminatory measures (often related to the conflict of 1991-1995) aimed at curtailing, in particular, the number of persons belonging to the Serb minority in various bodies, including in courts” (Advisory Committee on the FCNM 2001). In November 2005, the Croatian
ć Parliament adopted legal provisions to implement the CLNM’s representation guarantee in State administration with the Law on Civil Service and the Law on Local and Regional Self-Government. The amendment required state bodies to develop employment strategies for ensuring appropriate levels of minority representation. The Law on Courts, adopted in December of 2005, contains a provision prescribing the means of fulfilling the rights of national 119 edited volume and
Directive on Directive Directive on Directive also stipulates that also stipulates foresaw affirmative actionforesaw affirmative , provisions of the . If a national minority member and provisions of the Law on Civil Servants Law Law on the State Attorney’s Office the State Attorney’s on Law Law on the Civil Servants Law The AC Opinion following the Third State Report and the Opinion following the Third State The AC Classification of Civil Service Posts of Civil Service Classification minority members by ensuring priority in employment under equal priority in employment by ensuring minority members The conditions. due consideration must be accorded to representation of ethnic to representation must be accorded due consideration and deputy of public prosecutors in the appointment minorities refer to of ethnic minorities are entitled to prosecutors. Members and status in procedures to appoint judges their ethnic minority when a vacancydeputy public prosecutors are for such posts civil to increase the actual number of minority announced. In order servants, the can note minority members so that they mechanisms for national the in their applications in order to exercise their minority status to the CLNM. Hiring national minority members right guaranteed by the civil service on meeting the criteria for admission depends stipulated by the Resolution of the Committee of Ministers on the implementation of Resolution of the Committee of Ministers “[i]n the field of employment,the FCNM by Croatia underlined that judiciary,in particular in public administration, the local government of the right to proportional and public enterprises, the non-respect to national minorities representation of persons belonging CLNM gives rise to serious established under the provisions of the in the public sector concern.” The issue of minority representation In 2011, accession process. during the entire EU was under scrutiny that “due Commission stated the Progress Report of the European in the civil service,largely to the general ban on recruitment there the level of employment of has been no tangible improvement in national minorities in public sector employment. further Significant strengthening of the monitoring of the employment action plan is Commission 2011: 13). Besides, the Second required” (European preparations for Comprehensive Monitoring Report on Croatia’s membership issued on 10 October 2012 found that “the level of employment of minorities in the state administration and judiciary Posting and Implementation of the Public Vacancy Announcement of the Public Vacancy Posting and Implementation Internal Posting in the Civil Service applying for the civil service criteria for the employment, satisfies all over the other candidate, ifhis/her application will have precedence in the application. s/he calls upon his/her minority status remains below the requirements set by the CLNM” (European Commission 2011: 4-5). Even though national minorities account for 7.6% of the population, only 3.4% percent of persons belonging to national minorities are employed in state administration bodies. The situation has not changed for the better in the course of the EU accession either, or in the years following the EU accession (Petričušić and Mikić 2013). In 2016, the Commissioner for Human Rights of the Council of Europe (2016: 14) expressed his concern over the insufficient number of representatives of national minorities employed in the public service. Moreover, the Commissioner had noted “that persons belonging to the Serb minority face difficulties in accessing the private labour market due to discrimination” (ibid.)
Conclusions
Croatia has developed a comprehensive model of protection 120 of national minorities, that came into being under specific
Antonija Petri circumstances and with the assistance of the international community. The model is based on two principles: integration and identity preservation. The principle of integration should assure that members of national minorities are ensured equal protection and rights, as well as non-discrimination, on equal footing with citizens of
č the Croatian ethnic background. In addition, this principle is uši sustained through the right of persons belonging to minorities to ć , Siniša Tatalovi participate effectively in decisions on the national, regional and local levels and the right to participate effectively in the cultural, religious, social, economic and public life of the country. The identity protection principle guarantees that cultural specificities of national minorities (such as language, customs, tradition, religion, etc.)
ć through legal guarantees on the right of the persons belonging to minorities to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public. The EU accession process has proven pivotal for the enhancement of minority rights in Croatia. A number of action plans for the implementation of minority rights related legislation was passed in that period, and the policy for the social integration and 121 edited volume Indeed, in the course of the EU accession, Croatia was asked Croatia was asked accession, Indeed, in the course of the EU In spite of the obvious enhancement of the legislation In spite of the obvious enhancement of “to continue to foster a spirit of tolerance towards minorities, in appropriate measures to protect particular Serbs, and to take those who may still be subjected to threats or acts of 2012: Commission discrimination, hostility or violence.” (European the Committee of Experts Charter of the European 4-5). Similarly, dealing with the protection of minority rights and improvement of dealing with the protection of minority authorities since the minority policies pursued by the Croatian relations between the CLNM was passed in late 2002, inter-group were affected by the war still Croats and the Serbs in the areas that setting, much more remain divided and strained. In the post-conflict of trust and tolerance. should be done in order to achieve a climate inclusion of the Roma minority was elaborated. Though the period ofThough the period was elaborated. the Roma minority inclusion of legislation resulted in vigorous from 2006 to 2011, accession, EU integration of result in a palpable this failed to implementation, a In spite of and state institutions. into the society national minorities authorities aiming to by the undertaken number of reforms of and respect for rights of nationalstrengthen the protection above- CLNM was passed in late 2002, the six minorities since the of the Croatian minority policyanalysed segments that demonstrate policy improvement of the Croatian minority there is still space for country. the multiculturalist character of the and enhancement of of leading rightist politicians following nationalist rhetoric Moreover, ofcontributed to the creation of a climate accession had the EU the society and underlined the short-lasting ethnic intolerance in The public rallies organised conditionality. effect of the pre-accession Serbian language and thein 2013 against the introduction of the that large segments ofCyrillic script in the public sphere demonstrate the right to use minoritythe Croatian population do not perceive In the town of Vukovar. languages as legitimate, particularly in for a referendum thataddition, the case of the wide mobilisation required forwould increase the threshold of local population minority languages in citiesrecognition of co-official use of national are perceived as privilegesand municipalities tells that minority rights by non-minority population. A discrepancy between the citizens’ elites’ pro-minority standperception of minority rights and political by policyremains a significant challenge to be addressed makers. for Regional or Minority Languages (2010: 35-36) considered “[t] here is still a need to promote mutual understanding between the different language groups in Croatia.” In 2014, the Committee of Experts (2014: 17) encouraged the authorities “to pursue measures promoting awareness of the Croatian public about the minority languages and the cultural contributions of their speakers.” Such an outcome that would demonstrate commitment of the wider population for a multiculturalist nature of the society cannot be reached merely through local confidence-building measures. It requires commitment to the multicultural character of the state on the part of the society, as well as strong backing of such an idea in the media and in the educational and cultural policies.
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ć Udruženje za političke nauke Srbije. 357-373. Tatalović, S. 2006. “Nacionalne manjine i hrvatska demokracija.” Politička misao. 43 (2). 159-173. Tatalović, S. 2005. Nacionalne manjine u Hrvatskoj. Split, Stina. Tatalović, Siniša; Obradović, Stojan 2003. Nacionalne manjine II. Zaštita manjinskih prava u Hrvatskoj. Split, Stina. Tatalović, S. 2003. “Mediji i nacionalne manjine.” Međunarodne studije, 3 (3). 5-8. 125 edited volume
, 38 (3). Official 51/2000. 92/2010. 85/2010. 26/2003. Official Official Gazette ka misao ka č 155/02, 80/2010, Politi Princeton: Princeton Princeton: Princeton Official Gazette Official Gazette 51/2000. Official Gazette Official Gazette 87/2008, 86/2009. 40/2011. Official Gazette 76/09, 153/09, 116/2010. 122/2010. 137/2010. 116/201. Official Gazette Official Gazette 78/2006. 153/2009. Official Gazette Official Gazette 80/2010. 80/2010. 80/2011. Official Gazette Official Gazette Official Gazette 59/2004. 110/1997, 27/1998, 50/2000, 129/2000, 51/2001, 110/1997, 27/1998, 50/2000, 129/2000, 51/2001, Official Gazette Official Gazette Official Gazette Official Gazette Official Gazette 73/1995. 73/1995. Multiculturalism and the Politics of Recognition. and the PoliticsMulticulturalism Recognition. of Official Gazette Official Gazette , S. u Republici Hrvatskoj.” “Nacionalne manjine 2001. University Press. 93/2011. Minorities, 95-105. 116/1999, 53/2003, 44/06, 19/2007. Parliament, Minorities, Gazette 111/2003, 190/2003, 105/2004, 84/2005, 71/2006, 110/2007, 152/2008. 111/2003, 190/2003, 105/2004, 84/2005, 71/2006, Gazette ć Constitutional Law Amending the Constitutional Law on Rights of National the Constitutional Law on Rights of National Constitutional Law Amending Constitutional Law on Rights of National Minorities, Constitutional Law on Rights Constitution of the Republic of Croatia (consolidated text), Constitution of the Republic List of main constitutional, legal and regulatory and regulatory legal List of main constitutional, on the rightsprovisions of national minorities Taylor, C. 1994. Taylor, Tatalovi Law on the Use of Languages and Scripts of National Minorities, Law on the Use of Languages Law on the Education in Minority Languages, Law on the Education Croatian Parliament,Law on the Elections of Representatives into the into the Croatian Amendments to the Law on the Elections of Representatives Law on Registry of Councils, Coordination and Representatives of National Law on Primary and Secondary Education, Law on Amendments to the Primary and Secondary Education, Law on Electronic Media, Law on Media, Law on Croatian Radio-Television, Law on Croatian Radio-Television, Criminal Law, Law on the Civil Servants, Law on Lease of Flats and the Law on Lease of Flats on Liberated Territories, Law on Lease of Flats and the Law on Lease of Flats on Liberated Territories, The Code of Ethics for Civil Servants, Law on Courts (consolidated text), Law on State Judiciary Council, Law on the State Attorney´s Office, and Administration of Specified Property, Takeover Law on Temporary Law on Areas of Special State Concern (consolidated version), Law on Areas of Special State Concern (consolidated version), Law on Ombudsman, Official Gazette 76/2012. Anti-discrimination Law, Official Gazette 85/2008 and 112/2012. Criminal Code, Official Gazette 110/1997, 27/1998, 129/2000, 51/2001, 11/2003, 105/2004, 84/2005 and 71/2006. Ordinance on Forms and Manner of Keeping the Register of the Councils of National Minorities, Official Gazette 120/03. Rulebook on the Compensation of Expenses and Awards for the Work to the Council Members and the National Minority Representatives, Official Gazette 24/2006.
List of main international monitoring documents
Advisory Committee on the FCNM. 2001. Advisory Committee’s first opinion on Croatia, ACFC/INF/OP/I(2002)003, adopted on 6 April 2001, https://www. coe.int/en/web/minorities/croatia Advisory Committee on the FCNM. 2004. Advisory Committee’s second opinion on Croatia, ACFC/INF/OP/II(2004)002, adopted on 1 October 2004, https:// www.coe.int/en/web/minorities/croatia Advisory Committee on the FCNM. 2010. Advisory Committee’s third opinion on 126 Croatia, ACFC/OP/III(2010)005, adopted on 27 May 2010, https://www.coe.
Antonija Petri int/en/web/minorities/croatia Advisory Committee on the FCNM. 2016. Advisory Committee’s fourth opinion on Croatia, ACFC/OP/IV(2015)005rev, adopted on 29 November 2015, https:// www.coe.int/en/web/minorities/croatia Commissioner for Human Rights of the Council of Europe. 2016. Report following the
č Commissioner’s visit to Croatia from 25 to 29 April 2016. CommDH(2016)31, uši 5 October 2016, https://rm.coe.int/ref/CommDH(2016)31 ć , Siniša Tatalovi Committee of Experts on the Charter for Regional or Minority Languages. 2001. Application of the Charter in Croatia, ECRML (2001) 2, 20 September 2001, https://www.coe.int/en/web/european-charter-regional-or-minority- languages/reports-and-recommendations Committee of Experts on the Charter for Regional or Minority Languages. 2005.
ć Second report of the Committee of Experts in respect of Croatia, CM(2005)54, 6 April 2005, https://www.coe.int/en/web/european-charter- regional-or-minority-languages/reports-and-recommendations Committee of Experts on the Charter for Regional or Minority Languages. 2008. Third report of the Committee of Experts in respect of Croatia, ECRML (2008)1, 21 September 2007, https://www.coe.int/en/web/european- charter-regional-or-minority-languages/reports-and-recommendations 127 edited volume , Application no. 15766/03 http://cmiskp.echr.coe.int/ tkp197/view.asp?action=html&documentId=864619&portal=hbkm&source= externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649 report of the Committee of Expertsreport of the Committee respect of Croatia, September 2014. in https://www.coe.int/en/web/european-charter-regional-or-minority- languages/reports-and-recommendations finalhttp://ec.europa.eu/enlargement/archives/pdf/key_documents/2005/ package/sec_1424_final_progress_report_hr_en.pdf finalhttp://ec.europa.eu/enlargement/pdf/key_documents/2006/nov/hr_ sec_1385_en.pdf http://ec.europa.eu/enlargement/pdf/key_documents/2007/nov/croatia_ progress_reports_en.pdf ec.europa.eu/enlargement/pdf/press_corner/key-documents/reports_ nov_2008/croatia_progress_report_en.pdf europa.eu/enlargement/pdf/key_documents/2009/hr_rapport_2009_en.pdf ec.europa.eu/enlargement/pdf/key_documents/2010/package/hr_ rapport_2010_en.pdf http://ec.europa.eu/enlargement/pdf/key_documents/2011/package/hr_ rapport_2011_en.pdf http://ec.europa.eu/commission_2010-2014/fule/docs/news/20120424_ report_final.pdf 338 final http://ec. membership, SWD(2012) state of preparedness for EU europa.eu/enlargement/pdf/key_documents/2012/package/hr_ analytical_2012_en.pdf Fourth report of the Committee of Experts in respect of Croatia, ECRML Experts of the Committee of Fourth report in respect of Croatia, ECRML 2010, https://www.coe.int/en/web/european-charter- (2010)9, 8 December regional-or-minority-languages/reports-and-recommendations European Commission. 2005. Croatia 2005 Progress Report, Commission. 2005. (2005) 561 European COM Croatia 2006 Progress Report, Commission. 2006. 649 European COM(2006) Report, Commission. 2007. Croatia 2007 Progress final 663 European COM(2007) Report, Commission. 2008. Croatia 2008 Progress http:// 674 European COM(2008) Report, Commission. 2009. Croatia 2009 Progress http://ec. 533 European COM(2009) Report, Commission. 2010. Croatia 2010 Progress http:// 660 European COM(2010) Report, Commission. 2011. Croatia 2011 Progress final 666 European COM(2011) accession preparations Croatia’s Commission. 2010. Monitoring report on European Monitoring Report on Croatia’s Commission. 2012. Second Comprehensive European Croatia Oršuš and Others v. Committee of Experts or Minority Languages. 2014. Fifth on the Charter for Regional Committee of ExpertsCommittee Languages. 2010. for Regional or Minority on the Charter
ć Mirza Smaji Faculty of Political Sciences, of Political Faculty University of Sarajevo, Bosnia and Herzegovina University of Sarajevo,
Аутор 128 129 edited volume erence. In erence. ff nal result of such fi ecting on the elements, fl , valuing everyday life through . Such ambiance ultimately produced General Framework Agreement for Peace in Peace Agreement for Framework General of democratic principles and procedures in the in the state and legal structurecities originating fi the ruling political elite, rms the premise that fi on one side, with widespread and systematic factors and processes of democratization and the implementation The daily life of Bosnia and Herzegovina. public and processes has led to ethnicization of political, legal, every other area, and the creation of a framework and social conditions for the maintenance of the political and status quo established by the Bosnia and Herzegovina and polarities in public and certain antagonistic counter-norms political spheres and discourses, re and discrimination and violation of basic human rights In this context, freedoms of certain social groups on the other. author con maintaining using the ethnocratic mechanisms of creating and building a authorities, create an apparent impossibility of Bosnian identity contemporary i.e. the matrices of “our” and “their”certain counter-polarities, di existence, simultaneously resenting diversity and In this text, the author starts from the view that the post-Dayton In this text, the author starts from the view that the post-Dayton of the state of Bosnia andperiod of the construction by certain social and has been characterized Herzegovina political speci such conditions and environment, not social reality was determinants, i.e. by the existence of civic-cultural marked multiculturalism in its original sense, but rather the existence of collective and individual frustrations that represent fertile ground for political, social, economic, cultural and all other manipulations of the broad layers of the population belonging A b s t r a c t Multiculturalism Multiculturalism Herzegovina in Bosnia and P a r t 5 to various ethno-confessional provenances, thus creating the state of the absence of confl ict, rather than the stable peace. The twenty-two years of experience since the signing of the Dayton Peace Accords has shown Bosnia and Herzegovina to encounter serious problems in securing minority rights, as well as human rights in general, and these problems mainly amounted to discrimination of citizens by slowing down all elements of the process of democratization and the application of democratic principles and procedures in the public sphere.
Keywords: Bosnia and Herzegovina, Dayton Peace Agreement, political elites, multiculturalism, unconsolidated democracy.
Post-Conflict Structure and Political Representation in Bosnia and Herzegovina1
A permanent solution to the establishment of peace and 130 ending the war against Bosnia and Herzegovina was achieved by
Mirza Smaji the General Framework Agreement for Peace in Bosnia and Herzegovina, initialled on 21 November 1995 in Dayton, and officially signed in the presence of witnesses2 in Paris on 14 December 14 1995. In addition to its general provisions, this
ć agreement has eleven annexes:
Annex 1.A: Agreement on the Military Aspects of the Peace Agreement; Annex 1.B: Agreement on Regional Stabilization; Annex 2: Agreement on the Inter-Entity Line of Deferment and Relevant Issues;
1 See more: in Smajić Mirza, 2013. Političko predstavljanje i (ne) sigurnost nacionalnih manjina u Bosni i Hercegovini, Politički život, br. 9, Fakultet političkih nauka Univerziteta u Beogradu. 2 The agreement was officially signed by the Presidents of the Republic of Croatia and SF Yugoslavia, in addition to the President of the Republic of Bosnia and Herzegovina, with the European Union Special Representative, the representative of the Federal Republic of Germany, the United Kingdom and Northern Ireland, the Republic of France, the United States of America and the Russian Federation serving as witnesses (according to Tadić, 2009:11, Beridan et al., 2001: 81). 131 edited volume , 2009: 57). ć evi č In this context, 4 ko District of Bosnia and Herzegovina District of Bosnia and Herzegovina ko č is the stopping of organized is the stopping of organized 3 National Monuments; and Herzegovina; Corporations of Bosnia Agreement; Peace urak considers that the most important result of this urak considers that the most important Ć In general, the basic characteristics of the Dayton Peace the Dayton Peace In general, the basic characteristics of The Framework Peace Agreement, i.e. Annex 4 (the Peace The Framework (Source: http://www.ohr.int/ohr-offices/brcko/default.asp?content_ (Source: id=5368 19. juli 2013, Innes, 2006: 51-66). Constitution”, which also makes it “special”, separates it from the which also makes Constitution”, and Bosnian-Herzegovinian Yugoslav continental European, constitutional traditions, arises from the process of its creation and facto product of the peace is a de adoption. The “Dayton Constitution” that is, negotiations and is the result of the end of the multi-year war, the real political approach to the Bosnian issue (Šar Arbitration (1999) established Br characteristic of the “Dayton One should not forget the fact that the key 3 4 Agreement (1995) were the cessation of warfare and the Agreement (1995) were the cessation as an independent,verification of Bosnia and Herzegovina state. sovereign and internationally recognized Constitution), provided that “the Republic of Bosnia and Constitution), shall continue its state continuity in internationally Herzegovina Federation borders (...) consisting of two entities: the recognized 10 Cantons, and (51%), which comprises of Bosnia and Herzegovina Republika Srpska (49%).” Annex 3: 3: Annex Agreement; Election 4: Annex Constitution; 5: Annex Agreement; Arbitration 6: Annex Human Rights Agreement; 7: Annex Persons; Agreement on Refugees and Displaced 8: Annex for PreservationAgreement on the Commission of 9: Annex of Public Agreement on the Establishment 10: Annex of the Agreement on the Civilian Implementation 11: Annex Force. on International Police Agreement Nerzuk document historical contradictory violence. The contradictory for nature of the Dayton Agreement the new (post) geopolitics the aforementioned author stems from Dayton Bosnia and of the peace process, because it is denoting made out as a state “created and thought of by war, Herzegovina of war, conditioned by its results” (Ćurak, 2006:31). What made such conclusion relevant was the Agreement, namely Annex 4 that produced the ethnicization of the territory of Bosnia and Herzegovina and created the framework for status quo. Such state of affairs confirms the thesis by the famous German geographer Carl Ritter “that the geography of violence has become the current future of the Daytonian Bosnia and Herzegovina”, creating the conditions for the production of human insecurity in the new constitutional-political architecture of the state (Beridan, Turčalo, Smajić, 2011:530). The Constitution (Constitution Law) defines Bosnia and Herzegovina as “a democratic state that functions in accordance with the law and on the basis of free and democratic elections,”5 and Bosniaks, Croats and Serbs are defined as constituent peoples who participate in the executive and legislative6 authorities. For example, Article V of the Constitution of Bosnia and Herzegovina states: “The Presidency of Bosnia and Herzegovina consists of three members: one Bosniak and one Croat, each elected directly 132 from the territory of the Federation, and one Serb, elected directly
Mirza Smaji from the territory of the Republika Srpska.” This discriminatory provision created the inability to participate, that is, the participation of citizens who do not belong or do not feel as belonging to one of the three ethnic groups in the new mode of
ć power sharing at all levels. Consequently, in his analysis of the Bosnian-Herzegovinian political situation after 1995, Benjamin Reilly concludes that “Bosnian political institutions are divided along ethnic lines, emphasizing the representative balance between the Croat, Serb and Bosniak communities in the country’s triple Presidency. This has led to the political representation of
5 Constitution of Bosnia and Herzegovina, Article 1, paragraph 2, “Democratic Principles”. 6 In a series of discriminating provisions of the Constitution against all citizens of Bosnia and Herzegovina, additionally visible is the process of electing the delegates to the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, where it has been established that “the House of Peoples consists of 15 delegates, two thirds of the Federation (including five Croats and five Bosniaks) and one third of the Republika Srpska (five Serbs)” (Constitution of Bosnia and Herzegovina, Article IV, paragraph 1). 133 edited volume , 2010:77). ć alo, 2009:158). In addition alo, 2009:158). In addition č i.e. this was the era when “the competence of the i.e. this was the era 7 The Constitution created the conditions for political conditions for political created the The Constitution of Bosnia and Herzegovina have competences in the fields of: foreign have competences of Bosnia and Herzegovina policy, trade policy, foreign customs policy, monetary policy, financing of institutions and international obligations of Bosnia and Herzegovina, policies and regulation of immigration, refugee and asylum issues, criminal law regulations, including international and inter-entity relations with Interpol, the establishment and functioning of common transport and international communications, regulation of inter-entity 2006). Bieber, 2000: 67, and air traffic control (compare Chandler, According to Article III paragraph 1 of the Constitution, the institutions According 7 decentralization, or fragmentation of the sovereignty of the state of the state of the sovereignty or fragmentation decentralization, the model of consociational applying of Bosnia and Herzegovina, state institutions and The Annex 4 created minimum democracy. responsibilities, ethnic groups, but veryethnic groups, moderation the way of interethnic little in in: Mujki (Reilly; 2001:143 or accommodation” to the Presidency, the Council of Ministers and the Parliament of and the Parliament the Council of Ministers to the Presidency, at the state level, while are constituted Bosnia and Herzegovina entities functions and powers” are left to the other “government for the solution did not constitute the basis (FB&H and RS). This it has state and institutions, but development of a democratic served ethnic specialization in ethnonational policies to strengthen imitation through the forms of local-state Bosnia and Herzegovina of the “crazy Dayton of the Constitution of the state. This paradox 2009:27) enabled the entities to conclude special (Bajtal, state” brought the possibility of agreements with other countries, and for “entities which further created the conditions dual citizenship, Bildt, states in the world” (Carl to become the largest decentralized today’s perspective, although 2007:44). From 1998, in: Belloni, strengthening state there have been some mechanisms for the entities and even institutions in Bosnia and Herzegovina, becoming the dominant forms of existence and cantons keep In order to explain this situation, operation of the Bosnian society. and political MacMahon points out that the constitutional represents “the space of architecture of Bosnia and Herzegovina 2004:586 in: Beridan et the state and power divisions” (McMahon, marginalizing an individual al., 2011:532) with the ultimate goal of state was reduced to a minimum, in order to be able to talk about to a minimum, in order to be able to state was reduced 2004:4 in: Tur the state at all” (Hartwig, in the fields of politics, economy and security. In public and scientific discourses, the Constitution of Bosnia and Herzegovina, that is, the Dayton Agreement and its embedded model of consociational democracy,8 becomes subject to serious criticism, and is even referred to as “unpopular peace” (Bieber, 2006). However, although the post-Dayton institutional framework is considered to be a “classic example of a consociational solution” (Bose, 2002: 216 in: Bellona, 2007: 44), it primarily failed to achieve the expected result of further democratization in the vital aspects of the Bosnian state and society. The success of the consociational model in divided societies, as it was the case in Switzerland and Belgium, is less likely to be repeated when it comes to institutional solutions in a deeply divided society such as Bosnia and Herzegovina (Belloni, 2007: 44). In developing the Peace Agreement for Bosnia and Herzegovina, its creators have initially used the incorrect premise that the “forced” signing will lead to “reconciliation” in case the “social-Darwinist demands of (...) the conflicting parties” are 134 inserted into the Agreement, or the Constitution (Turčalo,
Mirza Smaji 2009:84). The consensus model sought, due to the multi-ethnic composition of Bosnia and Herzegovina, to enable all ethnic groups to participate in power. However, the problem of power-sharing on the state, entity, cantonal and local levels in Bosnia and
ć Herzegovina, contributed more to perpetuation of an ethnically motivated policy than to its weakening (Sisak in: Toth; 2011:108). The final result of the consociational power sharing in Bosnia and Herzegovina, governed by ethno-nationalist parties, is the existence of a negative consensus embodied in the systemic blocking of the decision-making process, instead of a positive consensus on co-operation in order to embark on a reconstruction,9 renewal of institutions and revitalisation of the state sovereignty.
8 The system of consociational democracy has been developed in countries such as Belgium, Austria and Switzerland. This model of democracy is particularly suitable for societies that are seriously divided by religious, ideological, regional, cultural and other differences (Heywood, 2004: 68, Nohlen, 2001: 163-165). 9 In this context, Dino Abazović explains that “it has already become clear that the division of power and the power by the institutionalization of ethnic diversity does not necessarily lead to the desired outcomes, not 135 edited volume
10 , 2010: 75). ć uruk asks: “Is Bosnia status quo , 1997:120 in: Ć ć evi č , 2007:136 in: Mujki ć of the Constitution represents a of the Dayton Constitution and clearly of the Dayton Constitution 11 , 2011:56-57). ć urak, 2011: 55-64). procedural legitimacy procedural The persistent obstruction by certain ethno-political elites of certain ethno-political obstruction by The persistent favourable climate for the economic growth and recoveryfavourable climate for the economic growth war of the MS)” (Abazovi torn land (post-war and Herzegovina kept from falling apart only by its inner disintegration?” only by its inner disintegration?” from falling apart kept and Herzegovina restriction of the His answer stems from the apparent institutional the as the creators of EU Dayton state, i.e. calls primarily the US and the Agreement, building Bosnia and to stir their actions towards the goal of Otherwise, as a legal community. this author emphasizes Herzegovina (more in: will remain a “captured state” that Bosnia and Herzegovina Ć belongs to the group of the so-called imposed constitutions. It is belongs to the group of the so-called imposed by the head of the characterised by the fact that it was not adopted that have created Dayton state, but rather imposed by external factors It is often compared to for Bosnia and Herzegovina. Agreement Peace War after the Second World or Japan the constitutional laws of Germany, referred to as “imported constitutional laws”, with a difference that those constitutional laws were confirmed within domestic institutions in spite of the foreign factors’ presence. In case of Bosnia and Herzegovina, domestic institution Constitutional Law has not been adopted by any (Markovi In this sense, the Bosnian political scientist Nerzuk Domestic authors agree that the Constitution of Bosnia and Herzegovina the Constitution of Bosnia and Herzegovina Domestic authors agree that 11 10 least in terms of the functioning of the state and the creation of a least in terms of the functioning of the state and the creation resulted in evolution of the debate concerning the Dayton debate concerning evolution of the resulted in of the Dayton Critics and criticism thereof. Constitution division, its emphasis on ethnic and territorial Constitution oppose in certain national-secessionist threats. which has resulted adopting the decision necessaryadopting the to overcome identify as a more suitable solution “PreDayton Constitution” the (Šar and Herzegovina for multi-ethnic Bosnia Domestic and foreign scientific and professional public disputes scientific and professional public Domestic and foreign procedural legitimacy debilitating factor for the process of revitalization of Bosnia and debilitating factor for the process of as a state and a society of equal opportunities. The Herzegovina of trust among weakening consequences of this are primarily the institutions, which also reflects on the trust in state citizen”, of future problems leading in turn to poor institutional resolution Bieber, 2006:25). The Transformation Theory 1999) offers (Merkel, 2006:25). The Transformation Bieber, that none basis of which it can be established a perspective on the legitimacyof the principles of procedure for the of the democratic The exist in Bosnia and Herzegovina. adoption of the Constitution lack of and generating new problems (Gromes, 2007: 89). Therefore, de facto, the focus should be on the construction of Bosnia and Herzegovina because “the non-construction of Bosnia and Herzegovina as a state is an anti-Serb, anti-Bosniak, anti-Croat, anti-minority and anti-civilian project” (Ćurak, 2011:45).
Democracy and the Crucial Problems thereof in Bosnia and Herzegovina
The political practice that came out of the arrangement made in Dayton and the presence of the “strategy of division and unification”12 enabled ethnic-nationalist parties to gain dominance, which led to a permanent process of blocking the structure of functional state institutions. Non-institutional resolution of the reform issues has become a common practice of Bosnian political elites, which has completely derogated and marginalized state institutions (Parliament of Bosnia 136 and Herzegovina). We can freely say that in the “Dayton” Bosnia and
Mirza Smaji Herzegovina an apparent consensus prevails, which defines Bosnia and Herzegovina as “an ethnical state in which consensual federal institutions do not represent the power of decision-making but the place of ethnic representation of a priori divided political power and
ć sovereignty. Consensus in Bosnia and Herzegovina is never a political but exclusively ethnic matter” (Sarajlić / Turčalo, 2009:67). The role of the international community in Bosnia and Herzegovina, as its ideological creator, can be characterized as a ‘necessary evil’. Essentially, this means that the international community “must not reduce its position exclusively to the guest policy of mediation and finding compromise between domestic policies, with their (un)successfully camouflaged primordial ethnic anarchism (...), and will declare every additional honouring of their attitudes to be their own triumph” (Ćurak, 2011: 49−50). The international community still perceives Bosnia and Herzegovina as a post-war state that needs stability, not democratic transformation. This transformation requires an effective and decisive role of the
12 More in: McMahon; 2004: 586 according to Turčalo, 2009: 163. 137 edited volume nationalism 24). Politics of Bosnia 24). Politics − on supporting alo, represents “a č , 2008:74). It can be noted that , ć alo, 2008:23 č The last phase of the democratization process has not yet The last phase of the democratization political will and political support, instead of being focused on the process of democratization, are spent of and ethnic divisions, which ultimately leads to the weakening been reached in Bosnia and Herzegovina, and it primarily refers to and it primarily been reached in Bosnia and Herzegovina, of democratic institutions, the stabilisation and institutionalisation norms (...) of elites and i.e. “the internalization of democratic is in the process Herzegovina masses” (Kubicek, 2002:21). Bosnia and countries in the environment of transition and it differs from other of its characteristics. First and foremost,in many and Bosnia society that is largely fragmented and is a post-war Herzegovina divided in line with ethnic, which is religious and social categories, dimension. In certainly the result of a pronounced ethno-political countermeasures were consequence, new standards, or even by nationalism; atheismestablished: internationalism was replaced and made public replaced by theism (aggressively expressed humanism has been replaced by national homogenization; folklore); antifascism by fascism, etc. (Abazovi and Herzegovina is dominated by politics of counter-polarity, is dominated by politics of counter-polarity, and Herzegovina local-etatism and anti-institutionalism. ethnopolism, ethnocracy, high level of discrimination, which is the particularly emphasize We such as: our and their presented through established forms schools, hospitals, etc. Bosniak or Croatian). (read: Serbian, international community in the institutional strengthening of the of the the institutional strengthening community in international of Bosnia and of restructuring so-called process state, or the can serve This process (“dedaytonisation”). as a model Herzegovina in of Bosnia and Herzegovina development for the future steps. sense, and it entails two possible functional and institutional alliance of the process requires the break-up The first step in this political community and the pro-Dayton between the international the Dayton structure of Bosnia and elites which insist on which, according to Tur Herzegovina, euphemism for a permanent crisis, and the permanent crisis is the crisis, and the permanent crisis euphemism for a permanent in power”. which ethno-nationalist forces stay main mechanism by the recognition by the international The second step concerns not de facto is Dayton Bosnia and Herzegovina community that this cannot present constitutional arrangement a state and that the produce a functional state (Tur internal factors (civil society) as the main generators in achieving consolidation of democracy (Sarajlić -Maglić, 2008:15). Ethnic dichotomy in Bosnian society and state has led to a crisis of identity, and society as a whole, generating certain prejudices and stereotypes towards others. In this context, Esad Zgodic in his interpretation of overcoming ethnic prejudices emphasizes that “the transformation of ethnicity into demos, and vice versa, the transformation of demos into ethnicity, lead to conflict and instability, while the solution lies in a democratic synthesis of the democratic principle of territoriality and ethnocratic principles of corporate-legal and corporate-political representation of linguistic and ethnic interests within the state system” (Zgodić, 2002:72). Ethnic prejudice does not necessarily lead to violent conflict. Nevertheless, this author concludes that “ethnocracy based on mass production and the perception of ethnic prejudices represents the death sentence to democracy” (Zgodić, 2002:74). Therefore, it can be said that in Bosnia and Herzegovina there not a principle of democratic consolidation exists, which is, 138 for example, visible from the verdict of the European Court of 13 Mirza Smaji Human Rights in Sejdić and Finci against Bosnia and Herzegovina, where it is notable that “the decisive way of harmonizing central political institutions with the electoral and party system (...) is the state administration and the recruitment of the elite” (Nohlen,
ć 1994, in: Merkel, 1999:136), which is a condition for the success of consolidation democracy. We find the affirmation of this statement in the Thorsten Gromes study Demokratiesierung nach Burgerkriegen – Das Beispiel Bosnien und Herzegowina, in which the author implies that many governments in post-war times encounter problems of securing minority rights and human rights in general (Gromes, 2007:53). In addition, he detected the “slowing down” elements of democratization process, as well as of
13 In that judgment (applications No. 27996/06 and 34836/06), the applicants “complained that they were prevented from running for the House of Peoples and the Presidency because of their Roma and Jewish origin”, as confirmed by the judgment of the European Court of Human Rights the Human Rights Court, as regards violations of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Racial Discrimination) made by Bosnia and Herzegovina (http:// www.mhrr.gov.ba/ured_zastupnika/novosti/?id=1008 (29.08. 2017). 139 edited volume Ghandi. which can which can É126). 14 − to Mahatma system in Bosnia and system in Bosnia and because, according to the because, 15 , 2013: 110). ć the people”, according the people”, power-sharing “measures the fragmentation of the party Below is the standard of consolidated democracy: Below is the standard of consolidated 16 The democratic transition is completed when sufficient The democratic transition is completed procedures for consensus has been reached on political when the government reaching a single elected government of free and universal comes to power directly on the basis Furthermore, the consociation model is needed, due to the the consociation model Furthermore, Certain empirical and theoretical studies indicate that theCertain empirical and theoretical studies The fragmentation index The fragmentation system by the number of parties, determined by their share in votes. According to Rae (1968), the index of fragmentation is calculated by composing the sum of the square fractions of all parties and then 1999: 138f).deducting from 1” (Merkel; must grow out from the inside of process of democratization through the weak trust of the parties in theprocess of democratization through the weak trust conflict, reflects on the future institutional solution of problems as well which as the general services, into a state of uncertainty bringing the population of there is a problem of the principle 2007: 89-93). Furthermore, (Gromes, that can serve“political competition” certain nationalist ideas to strengthen (Ibid, 77-83). and thereby block the process of democratization
Ultimately, “the spirit of democracy “the ItUltimately, cannot be imposed from outside. Gromes sets an example of disputes and poor institutional efficiencyGromes sets an example of disputes and poor in the 16 15 14 democratic principles and procedures’ implementation, principles and procedures’ democratic research studies carried out,research studies carried high political systems with and the stability of the political system, fragmentation endanger 2009:125 democratization (Merkel, thus the process of Bosnian-Herzegovinian multi-ethnic composition, in order to multi-ethnic Bosnian-Herzegovinian groups to participate in power-sharing. enable all the ethnic problem of the the However, Herzegovina on the state, entity, cantonal and local levels, cantonal on the state, entity, Herzegovina policy perpetuation of an ethnically motivated contributed to the (Smaji rather than to its weakening serve In democracy. actors in weakening anti-democratic certain it is necessary this situation, order to avoid ensure a low degree to parties, of political of fragmentation process of democratization depends primarily on a number of factorsprocess of democratization depends primarily which, ultimately, (history, state position), environment, demography, this process. Because of thedetermine the duration and success of cannot be applied inpre-existing differences, identical standards Braudel claims, society is slow to different countries, because, as F. change. elections, when such a government has the actual power to create a new policy and when the executive, legislative and judicial powers created by a new democracy does not have to deeply share power with other organs (Linz and Stepan, 2002:15 in Jovanović, 2006:141).
It could be noted that if statehood, sovereignty and autonomy of a state are constantly challenged (threatened) from within, then such countries can hardly be democratized and even less likely consolidated democratically. Proof of the previous thesis can be theoretically carried out and empirically confirmed by “that multinational states, multi-ethnic and multicultural ones are much more difficult to consolidate as democracies”17 (Merkel; 2009: 330). Furthermore, a very interesting interpretation of the problem of newly created unconsolidated multinational religious democracies is given by Claus Offe, who claims that: (…) in the very period of post-communist transformation in which several other solid collective identities (classes, professions, etc.) have been built and organized,, 140 nationalist or religious elites, as political entrepreneurs can realize
Mirza Smaji their own interests in power through nationalist and chauvinist mobilization strategies” (Offe, 1994 in Merkel, 2009:330−331).
18 ć Multiculturalism vs. Dayton Nationalism
The political practice (implementation) of the Dayton Peace Agreement has allowed ethnic-nationalist parties to gain dominance, which has led to a permanent process of blocking political, economic and social reforms. In everyday life the state of Bosnia and Herzegovina is dominated by the politics of counter-polarity,
17 In multinational countries that are increasingly fragmented and segmented, Merkel proposes the introduction of the so-called “Inclusive political structures” into institutional and constitutional architecture, with several elements of consensus and veto rights. But such a process can provide many political elites with a strategy of mobilizing and rejecting compromises, thus hindering or rejecting many reform processes (more in Merkel; 2009: 332). 18 More in: Seizović, Zarije, Smajić, Mirza. 2016. „Osobenosti multikulturalizma Bosne i Hercegovine u postdejtonskom periodu”, Zbornik radova: Stanje i perspektive multikulturalizma u Srbiji i državama regiona, Srpska akademija nauka i umjetnosti i Institut društvenih nauka, Beograd, 375−387. 141 edited volume schools, ; 2007:15). their ć being a by-product and out the following: , also known as the the General Framework Framework the General our D, 2006: 77). 2006: D, ć the author points Ethnic nationalism, rginalizing other B&H citizens (those structure represents especially local-etatism and anti-institutionalism. We and anti-institutionalism. local-etatism 19 A special issue in the post-conflict phase in the development A special issue in the post-conflict (a) pronounced multiconfessionalism of the Bosnian society; pronounced multiconfessionalism (a) political priority of ethnic grouping over the individual, the priority that a has been carried out through the process of democratic self-legislation, right priority of an ethnic group’s by the political community characterized with right to self-determination, over the citizen’s to self-determination political community predetermined by in the the membership of a citizen her or his membership in an ethnic community” (Mujki The term ethnopolis describes “the community characterized by theThe term ethnopolis describes “the community characterized 19 ethnocracy, ethnopolism, ethnocracy, appropriate legal framework for discrimination: the stateappropriate legal framework for discrimination: the political participationgovernment system is designed to ensure of “constituent peoples”, ma especially emphasize the high level of discrimination, which is which the high level of discrimination, emphasize especially forms such as: through established presented pertains to the field of of the society of Bosnia and Herzegovina by human rights’ protection, also envisaged in Bosnia and Herzegovina Peace Agreement for (DMS). The B&H Constitution (Annex 4 of Agreement Dayton Peace Croats and Serbs, the DMS) proclaims the equality of Bosniaks, of of equality for all citizens claiming to be providing a guarantee not only that such equality is However, Bosnia and Herzegovina. and legal framework, but not secured by the existing constitutional the current constitutional who are “non-constituent”). collapse, has proven of the (ex)communist authoritarian regimes’ of all multi-ethnic to be the main obstacle to the democratization The ethnic Herzegovina. states in transition, including Bosnia and social and economic criterion prevents the divide of political, (b) the role of religion and religious communities in the formation the role of religion and religious communities (b) religious and (c) the significance and role of of national identities; period war period, as well as the post-conflict communities in the lives” (Abazovi in which the society hospitals, universities, etc. (read: Bosniak, Croatian, Serbian). On the On universities, etc.hospitals, Serbian). Bosniak, Croatian, (read: of our discussion, it is necessaryother hand, in the context to make society, Herzegovina Bosnia and of the post-war sociological analysis covered three essential elements presented and characterised by the by the “Za naciju i Boga (For the Nation and God)” in the study entitled author Dino Abazovic. Namely, power under equal conditions within a civil society, favouring, in the domains of political participation and human rights protection, ethnic group at the expense of citizens as individuals. This concept allows the constituent peoples to deploy and share almost all power and authority in the state, preventing the application of equal treatment for all citizens. (Seizović, 2014: 9-10). In such societies as Bosnia and Herzegovina, the opinion prevails that multiculturalism is worn out or altogether ‘non- existent’. Certain members of the academic community in Bosnia and Herzegovina emphasize that we live in a society without identity and/or even live three identities, three cultures, three histories, three “truths”, etc. In this context, Miodrag Živanović emphasizes that there are three separate cultural identities and that they do not touch one another, but also that there are “no isolated, mutually separated three cultures, three cultural circles because these are the cultures that have been here for centuries, and are actually interconnected and intertwined.”20 Similar line of reasoning is presented by Nermina Mujagić who considers 142 multiculturalism in Bosnia and Herzegovina as a “constitutional
Mirza Smaji multiculturalism”, which in her opinion “”is another name for the political production of three different particular cultures under the roof of a single state (…) which is mere pluralism without democracy, constantly on the verge of conflict.” (Mujagić, 2017:79).
ć Ethno-national exaltation and primitive nationalism, created as a side effect of the collapse of the Eastern European totalitarian communist regimes, have become the main obstacle to the actual democratization of the former communist countries and societies, and thus to Bosnia and Herzegovina and its society. Through the Dayton Agreement, more precisely with the Constitution of Bosnia and Herzegovina, ethnic nationalism was institutionalized: the preamble of the Constitution of Bosnia and Herzegovina (and many of its normative parts) prevents Bosnia and Herzegovina from creating a legal state climate in which power tools and authorities will be deployed within civil society, while simultaneously favouring ethno- nationalism and collective (national) rights of ethnic communities at the expense of an individual - a citizen. Ethnic dichotomy in Bosnian
20 Downloaded from http://www.slobodnaevropa.org/content/ multikulturalizam_region_/24377206.html 4 May 2016. 143 edited volume
21 calls such a ć We find We 23 Mirsad Abazovi 22 rconnectedness, cannot berconnectedness, cannot , M. 2008: 73). ć inte ilo, Lejla: “Govor mržnje u BH. javnom prostoru: medijski i ilo, Lejla: “Govor kog nasilja u Bosni i Hercegovini” (2012), 35-58. nasilja kog č č , 2014:25). ć Among other things, as a product of Dayton nationalism, Among other things, as a product of Dayton Ethno-cultural, confessional, traditional, customaryEthno-cultural, confessional, and every milieu of other component of the complex social the are composed of fine threads of Bosnia and Herzegovina the use of and accordingly, unified Bosnian diversities, a determinant of belonging to one territorial criteria as and practically ungrounded national group is theoretically (Seizovi obnovu etni vanmedijski akteri” (available at: http://www.fes.ba/files/fes/img/Bilder_ (accessed on 4 May 2016). Aktivitaeten/GOVOR%20MRZNJE%20II.pdf field of the protection of human rights of individuals, it is true that it field of the protection of human rights of individuals, within which the overall produced the state-legal and political framework ethnic of exclusive political structure in BH is based on the principle at the expense of the representation of the three “constituent peoples”, rights, regardless of the fact that their rights of an individual. “Collective recognition is on the rise both in theory and in the practice of Western countries, is nevertheless subordinate (secondary) to the rights based on as individual right.citizenship The linguistic and cultural rights of the national minorities are protected (also under international conventions), (of old) their often emphasize while local, indigenous peoples (domicile) More in the study “Analiza sigurnosnih rizika” – Procjena potencijala za – Procjena sigurnosnih rizika” More in the study “Analiza More in: Tur Despite the “ceremonial achievements” of the Dayton Agreement in the Despite the “ceremonial achievements” 23 21 22 one needs to mention the hate speech omnipresent in the public one needs to mention the hate speech In this regard, our territorysphere of Bosnia and Herzegovina. society and state has led to a crisis of identity, i.e. of the society in i.e. crisis of identity, state has led to a society and towards prejudices and stereotypes generating certain general, by the soil on is Bosnia and Herzegovina the territorial sense, others. In for centuries, cultures have coexisted ethnicities and which religions, and which, in all their complexity exclusively linked to certain, ethnically limited, territorial communities. to certain, ethnically linked exclusively has unfortunately become relevant, as “war”, “ethnic violence”, political rhetoric” become parts of the and “rampant “secession” discourse. public (political and media) state “the beginning of the dissolution of the Bosnian society (...) state “the beginning of the dissolution to minimum, while where individual and civic are suppressed the legitimacynational and religious collectivity gained of (Abazovi supremacy and paradigm” arguments for such claims in Sead Turčalo’s study “Geopolitičko kodiranje Bosne i Hercegovine u obrazovnom sistemu (Geopolitical coding of Bosnia and Herzegovina in the educational system)” where he very concisely and substantively explains the transformation of a student into a realpolitik subject through the exposure to the national group of school subjects. Using the examples from geography and history textbooks, the study clearly identifies structural violence against ‘others’ which has become an immanently prevalent form of living and future making for young people. The author concludes that: “Through the teaching content of the national group of school subjects, instead of a multi- perspective approach to the studies of Bosnia and Herzegovina, one’s own identity is located through symbolism, the distortion of facts and stimulation of the emotional, while other identities are marginalised, thereby, even in this field, producing the relations of controllers (creators and interpreters of the curricula) and the controlled (pupils and their parents)” (Turčalo, 2016:259). Therefore, it can be said that today’s Bosnian society is 144 dominated by the “ethno-collective dilemma” which constantly
Mirza Smaji generates the symbolism and words of hate speech, and that democracy, political and economic stability are the very things we lack. In the book Kulturna polivalentnost i apsurd zločina u Bosni i Hercegovini (The Cultural Polyvalence and Absurdity of the Crimes in
ć Bosnia and Herzegovina), in the part entitled “Culture as a Frontal Sociological Phenomenon”, Fikret Bečirović discusses the notion, definition and meaning of culture, and its relationship towards nature, exploring this relationship in ontological-anthropological discourse. In considering culture, the author connects this phenomenon to those of ethnicity and identity, in order to validly and competently address Bosnian identity (identities). The phenomena of culture, cultural forms and cultural landscapes considered in the current Bosnian and Herzegovinian political and social context (the period after the end of the armed conflict), affirms the existence of the phenomenon which can be called touching and coexistence of cultures which emerged centuries
existing rights. However, they are also considered to be citizens of the countries in which they live” (ICG; 2002-2). 145 edited volume freedom from , 2016:382). ć alo, 2009-142). č / Smaji which has produced which has produced ć ) or wider ( 24 (Seizovi freedom from fear , 2010:536). ć diversity/otherness , 2008.13): nationalist and ethnic politics; , 2008.13): nationalist and ethnic politics; alo, Smaji ć and č , D, 2008:71). , D, ć -Magli ), the citizens have nevertheless been exposed to political have nevertheless been exposed to political ), the citizens Instead of democratization, and political and economic Instead of democratization, The devastating indicators of the citizens’ trust in each other, trust in each other, The devastating indicators of the citizens’ of Bosnia and In general, the process of democratization ć distrust in almost every pre-election campaign within the Bosnian- Thus, with their pre-election messages, they tried society. Herzegovinian “Vote to resolve the dilemma of “their”: (SNSD); “My House Srpska” “Everyone voted for their own, how about you?” (SDA); (SDS); Serbian” (HDZBiH) (Tur “Determination or Extermination” The ethno-collective dilemma has servedThe ethno-collective political elites to increase 24 dissatisfaction with the constitutional solutions of Bosnia and dissatisfaction with the constitutional the ruthless rhetoric pertaining to the issues of identityHerzegovina; the lack of identification with the state, the and ethnicity, reforms implementedinstitutionalisation of ethnic politics, superficial strength of nationalist by tentative democrats, the emotional stability for individuals, the post-Dayton Bosnia and Herzegovina Bosnia and Herzegovina the post-Dayton stability for individuals, dilemma gave birth to the ethno-collective and perpetuated the collective’s sense of vulnerability and fear of sense of vulnerability and collective’s and perpetuated the thus creating the context of (human) other ethnic groups, security approach has Regardless of what kind of human insecurity. ( been advocated, narrow stemming from particularisation of the Bosnian society, imply that imply that Bosnian society, stemming from particularisation of the national interests of Bosnia one can hardly talk about the common since the Such discussions are still impossible and Herzegovina. a mishmash of is current public opinion in Bosnia and Herzegovina in line with this matrix: ethnocracies which produce ambivalence “our” vs. “their”,always bad i.e. “ours” is always good, and “theirs” is (Abazovi is slowed down by certain society counter-norms Herzegovina (Sarajli Concluding Remarks and a Look into the Future and a Look into Remarks Concluding earlier in Bosnia and Herzegovina, which substantially denotes the denotes the which substantially Bosnia and Herzegovina, earlier in of i.e. the coexistence unity and diversity, of cultures, harmony equality/unity poverty poor governance and systemic corruption fear, violence, poverty, (Beridan, Tur rhetoric marginalizes calls for the EU norms, etc. All of these counter- measures are largely inhibiting the integration and construction a stable, functional and democratic state of Bosnia and Herzegovina. If all the post-war or post-Dayton years are observed, it is evident that Bosnia and Herzegovina has become a locus where hate ontology and imposition thereof reign,25 i.e. the public space is determined by the “collective” while “individuality” is expelled to a “Bastille of Democracy” (Abazović, D, 2006:105). In such environment, which is supported by both nationalist ideologies and religious nationalism, no civil society can exist or apparently exist to become the dominant social factor in the development of Bosnia and Herzegovina. In essence, Bosnia and Herzegovina becomes a place of negation of all civilizational achievements, where only “ours” and “theirs” may exist, supported by the domestic political callopistria,26 which still makes Bosnia and Herzegovina a “blocked society”.27The extreme form of this condition in Bosnia and Herzegovina leads to all forms of social discrimination on ethnic, religious and sexual basis, as confirmed by the Institution of the Ombudsman for Human 146 Rights in Bosnia and Herzegovina.28 Furthermore, Bosnian
Mirza Smaji sociologist Dino Abazović states that in the post-war Bosnia and Herzegovina “the formal separation of the religious community and
25 Here Nerzuk Ćurak, among other things, explains that the Dayton Agreement has become a place of birth for the understanding Bosnian
ć history as spiral of hatred, which, in his opinion, is an irritating simplification, even more reductive than the naturalistic images of Bosnia and Herzegovina as a multicultural paradise... In that context, the author concludes that Bosnia and Herzegovina is historically based on the ontology of hatred because “of the prevalence of the post-conflict political memories which, being pre-political, rather than integrally political, hinder the building of the political community as an acceptable public good of all particular identities” (Ćurak; 2011: 86). 26 This term is used by Esad Bajtal as “rhetorical concealment of reality” in explaining the development and functioning of the civil society in Bosnia and Herzegovina (Bejtal, 2009: 224). 27 According to Giddens the term “blocked societies” denotes the societies “in which particular interests, structural conservatisms, or both, prevent the introduction of necessary changes”. 28 According to the annual report on the results of this institution’s activities for 2011, the greatest increase in cases-complaints (41.5%) of citizens was recorded in the Department for Elimination of All Forms of Discrimination (source: http://www.ombudsmen.gov.ba/materijali/ publikacije/GI2011/GI_OmbBiH_2011_hrv.pdf 12 September 2012). 147 edited volume , betrayal , Fakultet , Fakultet , Sarajevo: DES. koj zbilji koj enje religijskog nacionalizma, nacionalizma, enje religijskog , 2010:29). č Analiza sigurnosnih rizika, Analiza sigurnosnih rizika, đ ć Sarajevo: Fakultet za kriminalistiku, Sarajevo: Fakultet , D, 2006:103). , D, ć kog nasilja u Bosni i Hercegovini kog č ” (Mujagi Sociološko odre Sociološko , , drugo izdanje, Sarajevo: Rabic., drugo izdanje, ekanju č , in which the quasi-democratic and quasi- capitulation Ogledi o sigurnosti, Ogledi Ogledi o bosanskohercegova Ogledi , while the Dayton Bosnia and Herzegovina always , while the Dayton Bosnia and Herzegovina Za Naciju i Boga Za Država na kih nauka Sarajevo i Atlantska inicijativa, Sarajevo. č , Dino. 2006. , D. Mirsad. 2010. , D. , D. Mirsad. 2008. , D. politi Sarajevo: Magistrat Sarajevo i Centar za interdisciplinarne postdiplomske postdiplomske Sarajevo: Magistrat Sarajevo i Centar za interdisciplinarne studije Univerziteta u Sarajevu, etni za obnovu Procjena potencijala kriminologiju i sigurnosne studije. Even though more than twenty years have passed since the than twenty years have passed since though more Even All of the above clearly evidence that in Bosnia and that in Bosnia above clearly evidence All of the , Vlado; Bassuener, Kurt; Weber, Bodo. 2012. Kurt; Weber, , Vlado; Bassuener, ć ć ć ć Dayton nationalism Bajtal, Esad. 2009. Azinovi Abazovi and communication – Abazovi Abazovi Bibliography ethnocratic atmosphere is prevalent.present The relevance of the of permanent crises and ethno-ambience lies only in the creation as a mechanism for the violence, as it is fundamentally useless In this context, society. development of a democratic and functional the state is on hold new some new danger, “anxiously braces for the emergence of has shown that compromise is as the political elite tyranny, Agreement was signed, Bosnia and Herzegovina is still captured by is still Agreement was signed, Bosnia and Herzegovina the Herzegovina the culture of trust and reconciliation has no the culture of trust and reconciliation Herzegovina and which certainly encourages intolerance acceptable function, of political, cultural and social differences, the lack of recognition The the general lack of solidarity in the society. while it generates trust among of are primarily the weakening consequences of this of trust in which is also reflected in the lack (individuals), citizens in turn to a poor or inadequate state institutions, leading problems, to the challenges of solving future institutional response are increasingly being generated. while new problems the state is no longer important,the state the should rather analyse and one in political religious communities and role of the national character process” (Abazovi decision-making Belloni, Robert. 2007. Statebuilding and International Intervention in Bosnia, Routledge New York-London. Bečirović, Fikret. 2013. Kulturna polivalentnost i apsurd zločina u Bosni i Hercegovini, Institut za istraživanje zločina protiv čovječnosti i međunarodnog prava Univerziteta u Sarajevu, Sarajevo. Beridan Izet, Tomić Ivo. Kreso Muharem. 2001. Leksikon sigurnosti, Sarajevo: DES. Beridan Izet, Turčalo Sead, Smajić Mirza: Međunarodna zajednica i izazovi humanoj sigurnosti u postkonfliktnom društvu u: Zbornik radova “Dani kriznog upravljanja 2011”, Veleučilište Velika Gorica. 2011. pp. 524-539. Bieber, Florian. 2006. Post-War Bosnia, USA: Palgrave. Chandler, David. 2000. Bosnia, Faking Democracy After Dayton, London: Pluto Press. Ćurak, Nerzuk. 2006. Obnova bosanskih utopija, Sarajevo-Zagreb: Synopsis. Ćurak, Nerzuk. 2011. Izvještaj iz periferne zemlje, Gramatika geopolitike, Sarajevo: Fakultet političkih nauka. Dautović, Kenan. 2007. Prevencija konflikata u međunarodnim odnosima, Travnik: BZK Preporod. Gidens, Entoni. 2009. Evropa u globalnom dobu, Beograd: Clio. Gromes, Thorsten. 2007. Demokratisierung nach Burgerkriegen, Frankfurt a. Main: 148 Campus Verlag. ICG - International Crisis Group. 2002. Implementing Equality: The “Constituent Mirza Smaji Peoples” Decision in Bosnia & Herzegovina, ICG Balkans Report No. 128, Sarajevo/Brussels. Heywood, Andrew. 2004. Politika, Beograd: Clio. Innes, M. (ed.) 2006. Bosnian Security after Dayton, New York-London: Routledge. ć Kubicek, Paul. 2003. The European Union and Democratization, London-New York: Routledge. Jovanović, Pavle. 2006. Tranzicionizam – Refleksije o postkomunističkoj tranziciji, CID, Podgorica. Marković, Goran, Ustav Bosne i Hercegovine u: Saša Gavrić i Damir Banovac (ur.), University Press-Magistrat izdanje, Sarajevo. 2011 pp. 51-70. Mujkić, Asim. 2010. Pravda i etnonacionalizam, Sarajevo: Centar za ljudska prava Univerziteta u Sarajevu i Fondacija Heinrich Boell, Ured u Sarajevu. Mujkić, Asim. 2007. Mi, građani etnopolisa, Sarajevo: TKD Šahinpašić. Mujagić, Nermina. 2017. Višegrađanstvo analize i nove teorije na relaciji: država, građani i društvo, Sarajevo: Fakultet političkih nauka Univerziteta u Sarajevu. Mujagić, Nermina. 2010. Tihi govor Bosne, Sarajevo: Heinrich Boell Stiftung Bosna i Hercegovina. Merkel, Wolfgang. 2009. Transformacija političkih sustava, Teorija i analize, Fakultet političkih znanosti, Sveučilišta u Zagrebu, Zagreb. 149 edited volume , , ka č nik č ka č ke č nost ć , Sarajevo: ni problemi asopis “Politi kih nauka č č Č Osijek-Zagreb-Split: Panliber. Osijek-Zagreb-Split: urak Nerzuk i dr., Politi urak Nerzuk i dr., Ć kih nauka Beograd and Fakultet kih nauka Beograd and Fakultet č a u Bosni i Hercegovini – Priru kih nauka. đ č , Sarajevo: Editio Civitas. , Sarajevo: Editio unarodne zajednice u Bosni i Hercegovini u Bosni unarodne zajednice đ no. 9, Fakultet politi no. 9, Fakultet nik, Država i politika, politika, nik, Država i č ki život, č Dobra knjiga, Sarajevo. Z. (ed.): Daytonski mirovni sporazum i budu Wiesbaden: Vs-Verlag fur Sozialwissenschaften. Wiesbaden: Vs-Verlag ć ko kodiranje Bosne i Hercegovine u obrazovnom sistemu, u obrazovnom Bosne i Hercegovine kodiranje ko ki razvitak Bosne i Hercegovine u postdejtonskom periodu u postdejtonskom ki razvitak i Hercegovine Bosne č Politi . č ć ko predstavljanje i (ne)sigurnost nacionalnih manjina u nacionalnih predstavljanje i (ne)sigurnost ko , Mirza. 2016. “Osobenosti multikulturalizma Bosne i multikulturalizma , Mirza. 2016. “Osobenosti , Zarije. 2015. “Konsolidacija demokracije u Bosni i , Zarije. 2015. “Konsolidacija č ć ć ka misao, Vol XXXVI, 3, (1999) pp. 121-150. ka misao, Vol br. Politi č Politološki rje Politološki Konstitutivni narodi i ustavne promjene (Constituent Peoples and and Peoples promjene (Constituent narodi i ustavne Konstitutivni , M. i Šehi Dejtonski Ustav: Karakteristike i karakteristi Dejtonski Ustav: Karakteristike Geopoliti Institucionaliziranje me Institucionaliziranje ć Ka kritici fundamentalizma Ka alo Sead, Politika simuliranog konsenzusa: Evropska unija, politi Evropska konsenzusa: simuliranog alo Sead, Politika Ustavni sustav i ustroj pravosu Zwischen konflikt und Kooperation, Funfzehn Jahre und Kooperation, konflikt Zwischen č . kih nauka, Sarajevo, 2009, pp. 53-71. kih nauka, Sarajevo, 2009, kih znanosti Zagreb. , Denisa. 2008. EU politika demokratizacije u BiH – Ispravni principi, , Denisa. 2008. EU č č ć , Mirko. 2005. , Mirko. Bosne i Hercegovine; Sarajevo: Akademija nauka i umjetnosti Bosne i Hercegovine, pp. 248-261. Constitutional Changes), Constitutional in: Pejanovi za pravosudni ispit, BiH. Sarajevo: Ministarstvo pravde Hercegovine u postdejtonskom periodu”, Zbornik radova: Stanje i periodu”, Hercegovine u postdejtonskom regiona, Srpska akademija perspektive multikulturalizma u Srbiji i državama pp. 375-387. nauka i umetnosti i Institut društvenih nauka, Beograd, pogrešne politike, Program podrške istraživanjima u oblasti javnih politika Program podrške pogrešne politike, 2007-2008, Fond otovreno društvo BiH., pp. 1-20. Adenauer Stiftung, Predstavništvo u Bosni i Hercegovini. Fondacija Konrad magistarski rad, Sarajevo: Fakultet politi magistarski rad, Sarajevo: Fakultet elita i dekonstruiranje Bosne i Hercegovine u: Bosne elita i dekonstruiranje Sarajevo: Šahinpaši unija: odnos vrijednosti, Fakultet i Europska elita u Bosni i Hercegovini politi Bosni i Hercegovini, Univerziteta u Beogradu. ostalih”, osvrtom na položaj Hercegovini sa posebnim politi 5(1), pp. 69-82, Fakultet perspektive” politi Friedenskonsoliderung, Friedenskonsoliderung, društava, Politi ć , Edin. 2009. , Edin. , Zarije. 2014. , Zarije and Smaji ć Eldar i Tur -Magli ć ć , Esad. 2002. , Mirza and Seizovi Mirza. 2013. Politi ć ć ć ć ć , Mato 2009 alo, Sead. 2016. alo, Sead. 2009. evi ć č č č Zgodi Šar Sarajli Seizovi Tadi Tur Sarajli Pejanovi Smaji Smaji Seizovi Toth, Rene. 2011. Toth, Tur Merkel Wolfgang. Teorija transformacije: demokratska konsolidacija postautoritarnih postautoritarnih demokratska konsolidacija transformacije: Teorija Wolfgang. Merkel Nohlen, Dieter. 2001. Nohlen, Dieter. alasan Ć - ć Faculty of Political Science, of Political Faculty Danijela Vukovi Danijela University of Montenegro, Podgorica, Montenegro Podgorica, University of Montenegro,
Аутор 150 151 edited volume cant limitations in relation to certain ethno- fi multiculturalism, ethno-cultural communities, cultural communities. The implementation of existing cultural communities. The implementation of existing measures in various forms of integration of ethno-national challenge in and ethno-cultural communities is the greatest this context. of political This is particularly the case in terms peoples participation and political representation of minority presents and other national minority communities. This paper an analysis of the principal aspects of the multiculturalism policy in Montenegro, and the critical issues in the process of its implementation. Keywords: Montenegro, political participation The political identity of Montenegro is grounded in civic The political identity of form, implies cultural and which, in its conceptual identity, to as a result of the need However, ethnic neutrality. of preservingrecognise the importance the multi-ethnic character of the country and of enabling ethno-cultural communities to preserve the country their identity, is implementing measures and mechanisms of the and multiculturalism model. The current normative institutional provisions are at a satisfactory level, although there are signi Contemporary societies are pronouncedly multi-ethnic and/or multinational. The phenomenon of ethno-cultural and ethnonational pluralism requires state management that enables a level of stability as well as a level of integration and of the social community, Introduction A b s t r a c t Multiculturalism Policy Policy Multiculturalism in Montenegro P a r t 6 inclusion of ethnonational communities in social and political life. The multiculturalism model is one of the possible management models for ethno-cultural pluralism in contemporary societies.1 It implies integration without assimilation, i.e. recognition and respect for identity specificities of different ethnonational communities. Countries are faced with ever-increasing issues as a result of globalisation, which renders the multicultural character of contemporary societies more complex.2 The measures defined for tackling these issues include criticism of the multiculturalism model as a failure, a view frequently endorsed by representatives of the political elite in various European countries; as well as the promotion of different forms of the principle of civic liberalism, emphasising the idea of creating a common national identity rather than different identities of various ethno-cultural communities. It is important to emphasise the fact that multiculturalism policy must not be uniform, regardless of whether it is a type of ethno-cultural pluralism that is a result of identity specificities of immigrant communities, or whether it is based upon the specificities of national minorities and their 152 requests. The origins of multiculturalism, demographically speaking,
Danijela VukoviDanijela are not the same in Western European countries, characterised by post-colonial legacy, and East, or Southeast Europe. Consequently, it is impossible to treat the issue in the same manner when it appears in different contexts, nor is it possible to rely on the Western European praxis when addressing this issue in the Balkans and Southeast Europe (Lošonc, 2016:69). Account must be taken of the ć -
Ć historical, cultural, ideological and other types of specificities typical alasan of the different national and regional contexts. Therefore, any attempt of analysing multiculturalism policies in the countries of the former Socialist Federal Republic of Yugoslavia (SFRY) must involve
1 The multiculturalism model and the meaning of the term are subject to various interpretations and definitions. It is a term frequently referred to in social sciences, as well as in the public discourse of political elites. Inconsistent usage of the term complicates its conceptualisation and precise definition of the key elements of the model. For more information on the different interpretations of multiculturalism, its key elements and types, see (Vertovec, Wessendorf, 2010:2-4, 18-21); (Modood, 2007:2-10); (Raz, 1998:194-197). 2 On the specificities of contemporary multicultural societies compared to the multicultural character of pre-modern societies, see (Parekh, 1998:68,69). 153 edited volume
3 , 2016:60). These, 2016:60). ć The issue of the quality of interethnic relations plays a The issue of the quality of interethnic the level of ethno-cultural pluralism. Normally, a countrythe level of ethno-cultural pluralism. Normally, in which one population is defined as ethnic community comprises 90 percent of the monolithic, while a country 80 to 89 in which one community comprises defined as homogenous. percent of the structure of the population is When a single ethnic community comprises 70 to 79 percent of the population, the country and if it is characterised by low homogeneity, comprises 60 to 69 percent, high heterogeneity. it is characterised by high heterogeneity is a characteristic of countries in which a single Very ethnic community comprises 60 to 69 percent of the structure of the population (Raduški, 2003:427). There are numerous different classifications of countries with regards to There are numerous different classifications of countries with 3 critical role in the multicultural context of the Montenegrin state critical role in the multicultural context According to the results of the latest population and society. as a multicultural census in 2011, Montenegro may be classified pluralism. society with a significant degree of ethno-cultural the specificities of their multi-ethnicity, characterised by: “A close by: “A characterised of their multi-ethnicity, the specificities and the cultures, territorialisation between national connection opposition to the as well strong of ethnic groups, numerousness autonomy” political and territorial concept of (Baši characteristics render the process of managing ethno-culturalcharacteristics render important more complex. Therefore, it is pluralism of these societies that of the problematics, and acknowledge to note the complexity whole, into account the of simplification, or failure to take form any specificities in each individual context,along with the individual will in Such a course of action would be ill-advised lead to an impasse. of the growing complexity of contemporarythe current condition the sense of the word, along with societies in the ethno-cultural national state in the context of globalisation,transformation of the the different forms of assimilation areand the fact that all legislation of liberal- prohibited by the constitutions or the democratic countries. When a country can no longer apply the and isolationism,assimilation model, while prohibiting segregation management modelmulticulturalism remains the only acceptable which is a fact frequently forgotten. for ethno-cultural diversity, Therefore, the multicultural character of the countryTherefore, the multicultural character is apparent. measures with the aim of Having adopted legislative and political preserving Montenegro may also of the society, the multi-ethnicity in a normative sense. The be classified as a multicultural society is as important as the quality of the relations quality of inter-ethnic legal framework surrounding this matter. If the politics of multiculturalism fails to lead to a development of inter-ethnic relations and results in focusing exclusively on improving the position of ethnic-cultural communities, it may have a negative impact on the society as a whole. Prior to conducting an analysis of the vital characteristics of the politics of multiculturalism in Montenegro, it is necessary to point out that the phenomenon of multiculturalism is a form of intersection between processes and tendencies, which must be taken into account in order to understand how the phenomenon functions. Primarily, these processes and tendencies refer to economic factors, the political context, demographic trends, the cultural context, the level of interest in “others”, and the willingness to practice solidarity, the perception of inequality etc. (Lošonc, 2016:70).
Ethnonational Pluralism of the Contemporary Montenegrin Society and the Plurality 154 of the Identity. Successful Management
Danijela VukoviDanijela of Ethno-Cultural Pluralism
As previously mentioned in the introduction, the Montenegrin society is characterised by pronounced multiculturalism in the demographic-descriptive sense of the word. According to the results of the latest population census, conducted ć -
Ć in 2011, there are 278,865 or 44.98% of Montenegrins, 175,110 or alasan 28.73% of Serbs, 6,021 or 0.97% of Croats, 30,439 or 4.91% of Albanians, 20,537 or 3.31%of Muslims, 53,605 or 8.65% of Bosniaks, and 6,251 or 1.01% of Roma in Montenegro. A total of 30,170 or 4.87% of the population remained undeclared.4 Despite the evident segmentation, even in the ethno-cultural sense, the Montenegrin society has managed to preserve and foster good relations between different ethno-cultural communities. National minorities represent the foundation of the ethno-cultural pluralism
4 2011 Population Census in Montenegro, Statistical Office of Montenegro, Issue no. 83, Podgorica, 12 July 2011, pp. 6-9. Available at: http://www.monstat.org/userfiles/file/popis2011/saopstenje/ saopstenje%281%29.pdf (20 July 2017). 155 edited volume This does 6 of Montenegro, The goals, The goals, 5 Montenegro, Statistical Office sential goal, the principle common to all sential goal, the principle Issue no. 83, Podgorica, 12 July 2011, pp. 6-9. Available at: http://www. 12 July 2011, pp. 6-9. Available Issue no. 83, Podgorica, monstat.org/userfiles/file/popis2011/saopstenje/ saopstenje%281%29.pdf (20 July 2017) census, based on the data currently available, there are up to 7,000 census, based on the data currently available, According to the latest Russians permanently living in Montenegro. live in Montenegro. population census from 2011, 946 (0,15%) Russians in Census 2011 Population that apply to indigenous peoples, immigrant communities, and national that apply to indigenous peoples, immigrant of these different forms of minorities. Will Kymlicka specifies the content between ethno-cultural multiculturalism, starting from the differences address to the authorities. communities and the types of requests they usually entails a The politics of multiculturalism to national minorities liberal-democratic context combination of the following elements in each territorial of a multicultural character: “1. federal or quasi-federal in the region or nationality; autonomy; 2. official language status, either government or in 3. guarantees of representation in the central constitutional courts; 4. public funding of minority language universities/ schools/media; 5. constitutional or parliamentary affirmation of 6. according international personality e.g., allowing “multinationalism”; the sub-state region to sit on international bodies, or sign treaties, or have their own Olympic team.” (Kymlicka, 2010:37). For other models of multiculturalism and their content, see (Kymlicka, 2010:36). Although precise data will only be available after the next population Although precise data will only be available after the next population There are certain differences between the models of multiculturalism There are certain differences 6 5 in Montenegrin society, bearing in mind that Montenegro has that Montenegro bearing in mind society, in Montenegrin of immigrant The presence been their homeland. historically is negligent. on the other hand, communities, mechanisms and measures that the model of multiculturalism the model of multiculturalism and measures that mechanisms minorities differ from the goals, mechanisms employs with national of represent the essence of what the model and measures that with immigrant communities. multiculturalism employs not refer to the es without of multiculturalism - “integration variations of the model communities in National minorities established their assimilation”. parts of the country history, where they have lived throughout An or lesser degree of territorial concentration. albeit to a greater terms of of the 2011 population census in analysis of the results structure of municipalities in Montenegro the ethnic and national the degree of territorial provides an insight into the fact that Montenegro is far greater in concentration of certain minorities in it is in others. For example, the area of some municipalities than of the Croatian national the degree of territorial concentration Tivat and of Kotor, minority is the greatest in in the municipalities Herceg Novi (to a lesser degree), while the Albanian national community mostly inhabits the municipalities of Bar, Plav, Rožaje, Ulcinj and Podgorica. The degree of territorial concentration of the Muslim and Bosniak population is the greatest in Bijelo Polje, Berane, Plav, Pljevlja and Rožaje, as well as Bar. The Serb national community is among the least territorially concentrated communities in Montenegro, while the Roma population is characterised by a slightly higher degree of territorial concentration in the municipalities of Berane, Podgorica, Herceg Novi, Nikšić, Ulcinj and Bijelo Polje.7 The issue of territorial concentration and representation of ethnonational communities in local governments is very significant from the perspective of the application of the model of multiculturalism at local level. The powers of local self-government bodies can facilitate the participation of national minority members in decision-making processes relating to social management.8 This leads to the issue of the situation of national communities that are minority groups in certain local self-governing bodies, while 156 amounting to 15 percent of the population at national level, as is
Danijela VukoviDanijela the case with Serbs and Montenegrins, based on the result of the latest census. Therefore, multiculturalism policy measures can function at national-state level, while members of the national minority that is a majority at national level, face exclusion and marginalisation at local level. This aspect of multiculturalism policies at local level, particularly in terms of exercising the right to political ć -
Ć representation, will be addressed at a later point in the paper. alasan Ethnonational pluralism exists at various levels and in various forms, and this must be taken into account when analysing the implementation of the multiculturalism model in the context of the Montenegrin society, as well as the challenges emerging in the process. A critical aspect relating to the matter of managing
7 2011 Population Census in Montenegro, Statistical Office of Montenegro, Issue no. 83, Podgorica, 12 July 2011, pp. 8−9. Available at: http://www. monstat.org/userfiles/file/popis2011/saopstenje/saopstenje%281%29. pdf (20 July 2017). 8 The powers of local self-government bodies are specified in the Law on Local Self-Government. Available at: http://uom.me/wp-content/ uploads/2015/02/Zakon-o-lokalnoj-samoupravi_2003-2014.pdf (20 October 2017). 157 edited volume
The Principles
as “the need as “the need (Bugarski, (Bugarski, on the role and
interlingualism as a modification of the said model. as a modification of 9 A Common Culture (A need for simultaneous buildingA Common Culture
(Bouchard, 2011: 444-462). “This is a logical, predictable, and
interculturalism interlingual education through language through language interlingual education Process of Interaction (focus is on interaction, connection and exchange Process of Interaction (focus is on interaction,
Is ethnic distance on the decrease, and coherence between the decrease, and coherence between Is ethnic distance on interculturalism and the following ones are particularly important:interculturalism and the following ones are particularly 1. 2. between ethno-cultural and ethnonational communities); of Harmonization: A Civic Responsibility (accent is in everydayresponsibility of citizens activities in terms of development of 3. interculturalism); of a common identity and common national culture is emphasised). (Bouchard, 2011: 460) welcome consequence of the goals of integration”. According to Bouchard, there are seven basic characteristics of 9 communities on the increase, or is the meaning of institutional increase, or is the meaning of institutional communities on the fading in the process and legal infrastructure of multiculturalism In as individual entities? of improving the position of communities “a real interest for one that sense, it is important to ask whether really exists, as a prerequisite another and willingness to interact” and measures of for successful application of the mechanisms this model (Lošonc, 2016:67)? Without communication and no true interaction between ethnonational communities, be reduced to and it would consequently integration can occur, ethnonational interests of particular communities. In exercising that sense, it is important to develop The emphasis on the legal-political measures is necessary,The emphasis on the but the position of individual ethnonational insufficient for improving of such measures on the relations communities. The effects into account. must also be taken between these communities ethno-cultural pluralism has to do with the effect that to do with the effect pluralism has ethno-cultural policymulticulturalism between different has on the relations is whether the applied question The key communities. ethnonational the multiculturalism the framework of measures within legal-political these the relationships between model lead to strengthening of distancing and a lesser or greater degree communities, or to isolation. In that context,began to emphasise the some authors importance of 2016:113). The development of inter-culturalism and interaction and interaction 2016:113). The development of inter-culturalism and acceptance of the between communities, understanding to learn and to use other languages in a community, or at least or at least in a community, to learn and to use other languages their users”, primarily active acceptance of the languages and through specificities of their identities diminishes what Phil Ryan calls multicultiphobia, a particular type of fear of the Other (according to: Bugarski, 2016:112). This concept is significant in the context of Montenegro as well, since previous research on ethnic distance showed that it is still significantly present. Therefore, successful management of ethno-cultural pluralism and “integration without assimilation” implies more than legal-political measures that are to enable equal participation of all ethnonational communities in decision-making processes. It also requires successfully avoiding the position in which ethnonational communities, or their members live next to each other, rather than with one another. Such cases are conceptually closer to the model of a plural society, as defined by J. S. Furnivall.10 Pronounced ethnic distance, with communities that only focus on their own benefits, and foster the feeling of loyalty only to the community itself, while merely following the laws of the country in which they live, has a negative impact on the society as a whole, and can lead to disintegration under certain circumstances. Successful application 158 of the multiculturalism policy implies working on strengthening
Danijela VukoviDanijela the national-state identity and identification with the state. Additionally, it is a fact that individual identities of the members of ethnonational communities are complex and pluralistic, and that communities are heterogeneous and segregated in terms of the definition of personal identity. This is particularly the case in the context of Montenegro, where the ć -
Ć collective takes primacy over the individual, so individuals alasan frequently face the pressure of their communities, or their elites, that aim at imposing a certain perspective of the identity of the community. In such a situation, a perspective of the identity of the community that differs from the standard, or insistence upon pluralism, usually leads to such individuals being characterised as insufficiently authentic members of the ethnonational collective, and as individuals whose identity is pluralistic and multiple, and therefore “suspicious”. Every community aims at preserving its homogeneity and preventing the relativisation of its own identity
10 For more on plural societies and the difference between this model and multicultural societies, see (Peterse, 2007: 118-126), (Guibernau, Rex, 1997:207-210), (Malešević, 2009:95-102). 159 edited volume This is particularly important in the context of the This is particularly 11 Individuals who emphasise pluralism of their own identity, of their own identity, Individuals who emphasise pluralism Guidelines on Integration of Diverse Societies, page 14. Available from: Guidelines on Integration of Diverse Societies, page 14. Available (23.08.2017) http://www.osce.org/sr/hcnm/110500?download=true OSCE High Commissioner on National Minorities 2012 Ljubljana OSCE High Commissioner 11 thus refusing to be placed in prefabricated identity matrices, often thus refusing to be placed in prefabricated in relation to other closely based on the emphasis of differences members of the related identities, are perceived as inauthentic because they want to communities, and as “suspicious” precisely The significance of identity. their own complex and multiple keep of high levels of this issue is even more evident in conditions of ethnic politicization of a society and the instrumentalisation challenges for the and national identities. One of the greatest of the Montenegrin future of the process of democratisation itself in terms of a greater society is the maturation of the society of collective identities degree of individualisation in the sphere Amin Maalouf warns that - collective and national. Similarly, “Whoever identity becomes marginalized” claims a more complex 2016:9). (Maalouf, Montenegrin society, as well as other former socialist societies Montenegrin society, traditional values over by the dominance of collectivistic marked or its ethnic elites as “self-proclaimed A community, individuality. frequently create an guardians of the identity” (Bhikhu Parekh) deviation from the dominant view on the atmosphere in which any as negative. identity of a given community is perceived to a greater or lesser degree. In this process, communities In this process, communities or lesser degree. to a greater point of exclusivity. differences to the emphasise their frequently monolithic,that rather than being of the fact The importance structures, are heterogeneous parts of the society ethnonational is recognised at the level of personal identity, by pluralism marked Guidelines on Integration of Diverse in the 2012 Ljubljana High Commissioner on National Minorities: Societies by the OSCE and sustain just,“”In order to build stable and peaceful democracies it is necessary the distinct characteristics to recognize and acknowledging the heterogeneity of groups, while also groups (…) The legislative and policyfluidity within those allow for the recognition that individual framework should multi-layered, contextual and identities may be multiple, dynamic.”” Therefore, preservation of ethno-cultural and ethnonational identity in Montenegro, in line with the principles and mechanisms of the multiculturalism model, does not only imply creating an atmosphere of respect and protection of identity specificities of all individual ethnonational and ethno-cultural communities. It simultaneously implies creating a social atmosphere in which all diversity and ethnonational pluralism at the level of personal identity is not looked upon with doubt, distrust and a lack of understanding. Hence, it is necessary to deviate from the “tribal conception of the identity” (Maalouf, 2016:44). “So am I half French and half Lebanese? Of course not. Identity cannot be compartmentalised. You can’t divide it up into halves or thirds or any other separate segments. I haven’t got several identities: I’ve got just one, made up of many components in a mixture that is unique to me, just as other people’s identity is unique to them as individuals.” (Maalouf, 2016:8). It is important to touch upon a matter related to ethno- cultural pluralism of the contemporary Montenegrin society, i.e. the degree of cultural differences between national and ethnic 160 communities within the state. Cultural distinctiveness or the degree
Danijela VukoviDanijela of cultural dissimilarity, according to Bernhard Peters, is irrelevant from the position of creating a collective identity of groups: “Two groups with extremely similar cultural characteristics can nevertheless maintain quite strong collective identities” (Peters, 1999:9).12 In terms of representation of ethnonational communities in the total structure of the population, it was previously ć -
Ć mentioned that Montenegro can be characterised as a country alasan with pronounced ethnic pluralism. However, in the sense of cultural distinctiveness, these identities are quite similar, primarily in terms of language (with the exception of the Albanian community), and in terms of lifestyle and value systems. The situation is similar in other former Yugoslav countries. The matter of the degree of cultural distinctiveness between ethnonational communities in a country is relevant for another reason; countries marked by significant cultural distinctiveness between communities, in terms of values, lifestyle,
12 He links cultural dissimilarity between groups with differences in world views, value systems, beliefs, etc. 161 edited volume If 13 , 2015: 7-39) ć evi č e Đ alasan, Ć - ć Among the results of ethnification of policies and the fact Among the results of ethnification of An identity constituted in such a manner creates good An identity constituted Montenegro and its implications on multiculturalism policy, see Montenegro and its implications on multiculturalism policy, see (Vukovi For more on the process of constituting a civic political identity in political identity in more on the process of constituting a civic For 13 that ethnic and national matters became relevant in the legal- that ethnic and national matters became of and respect for minority political dimension, is the acceptance collective rights. The history of the protection of minority rights in with political circumstances and the fact that Montenegro is linked the common identity is exclusive and if it represents an expression and if it represents an expression the common identity is exclusive community, of a culture and identity of an ethnonational communities will be made identification of the members of other difficult, closed which can, in the long run, lead to isolationism and policycommunities. In such cases, multiculturalism does not result and increased coherence of in strengthening the common identity and focus on their own communities, but leads to their isolation interests as a group. As states, it leads to a situation Bhikhu Parekh the state and reservein which they merely follow the law of the 2008). (Parekh, feeling of loyalty only for their own community Legal-Political Relevance of the Ethnic Relevance Legal-Political in Montenegro and the National - Multiculturalism conditions for the development of multiculturalism policy, if the development of multiculturalism policy, conditions for the both formally and actually. turn from ethno-nationalism is made cultural practices etc.,cultural practices process of challenges in the face greater the This is particularly identity. common national-state creating a case if a country the model of ethno-national is approaching a not that pronounced, differences are if these However, identity. can of the common political identity more successful consolidation of other factors, it depends on a number be expected. Naturally, historical economic factors, of the identity, such as the nature and concentration of a community, circumstances, territorial for independence, etc.potential aspirations Montenegro took a countries by forming from other former SFRY formal and legal turn open on civic grounds, thus providing its national-state identity country. communities that live in the access to all ethnonational granting minority rights is a result of the need to provide support for certain political options at a particular point in time. In terms of the situation and status of minority ethnonational communities in Montenegro, and the application of multiculturalism policy measures and mechanisms, it is possible to draw a distinction between several periods. Jelena Džankić isolates three phases in the development of minority rights in Montenegro, primarily in relation to the issue of defining minority communities. The beginning of the first phase coincides with the adoption of the 1992 Constitution and lasts until September 1997, or the signing of the Agreement on Minimum Principles for the Establishment of a Democratic Infrastructure in Montenegro. The second phase lasts from 1997 until the adoption of the Law on Minority Rights and Freedoms in 2006, and the beginning of the third phase is marked by the referendum on the renewal of Montenegro’s independence (Džankić, 2012:41). The legislative and institutional infrastructure for the multiculturalism model in Montenegro was developed in the 162 second and third stages. The situation changed in 1997, a year
Danijela VukoviDanijela marked by internal turmoil and a rift in the ruling party, which created two main currents - one led by the president of the Republic, Momir Bulatović, and the faction led by the prime minister, Milo Đukanović. Despite the fact that the latter won the lead, the faction of the party that he represented lost the majority in the parliament. To secure it, Đukanović made the Agreement on ć -
Ć the Minimum Principles for the Development of a Democratic alasan Infrastructure in Montenegro with representatives of the opposition, in September 1997. The agreement guaranteed that the extraordinary parliamentary elections in 1998 would be held under more democratic conditions.14 This particular circumstance had
14 Members of the Albanian and Muslim national communities primarily supported the coalition led by Đukanović, at the expense of their own national parties. Vladimir Goati points out two main characteristics of the elections in Serbia and Montenegro, member republics of the Federal Republic of Yugoslavia from 1990 to 1998: 1. They did not only represent a competition between political parties hoping to win mandates; they were also a fight for free and fair elections; 2. The fact that former communist parties in Montenegro and Serbia won all the elections is an important characteristic of the period (Goati, 2001:157, 158). 163 edited volume
Law from was the most from was the most in 2007, the 1998 Article 2 of the Law on Minority Article 2 of the Law on Minority − the Law on Minority Rights Freedoms and the Law National minority councils are an important National minority councils are an important 15 Constitution of Montenegro Constitution Until the adoption of Until the adoption Efforts aimed at integrating minority ethnonational Efforts aimed at integrating minority Primarily, it is important to underline that Montenegro it is important Primarily, Rights and Freedoms. Consequent changes referred to the designation Rights and Freedoms. of the country, used for minority national and the terminology communities. Article 2 of the 2011 Law on Amendments to the Law on the term “minority peoples contains Minority Rights and Freedoms and other minority national communities” instead of “minority”, Thus, group of citizens of the Republic, group of citizens numerically smaller than the rest of predominant population, having common ethnic, religious or linguistic rest of the population, characteristics, different from those of the by the wish to being historically tied to the Republic and motivated ethnic, express themselves and maintain their national, cultural, linguistic and religious identity.” “For the purpose of the present Law, the minority shall mean any shall mean any the minority “For the purpose of the present Law, 15 in 2006, and the significant implications on introducing the multiculturalism policy the multiculturalism implications on introducing significant will be addressed legislation, which through electoral mechanism point in this paper. at a later communities in the critical areas of social and political spheres of communities in the critical areas of social political measures, as well life resulted in numerous new legal and of integration. The Law as some open questions in various areas in 2006, was one of the adopted on Minority Rights and Freedoms, policyfundamental laws in relation to the multiculturalism in of minorities, enabled Montenegro. This law provided a definition set forth the activities of the the forming of national councils, and for Minorities. Fund acknowledged all international regulations and standards in the acknowledged all international regulations it minorities. Accordingly, area of protection of national and ethnic for this protection. In the set up legal and institutional frameworks current legal and institutional normative and political sense, i.e. the country.solutions, Montenegro is a multicultural on Election of Councillors and Representatives and Representatives of Councillors on Election in line for securing certain minority rights fundamental document that were Affirmative action measures policy. with multiculturalism were not legislation were rather selective, and defined in electoral of pursuing the multiculturalism model, an adequate means of political participation by minority especially in the area on this ethno-cultural communities. More details ethnonational and in the following chapter. matter are provided mechanism for representation and protection of national minority interests.16 Minority peoples and national minority communities can only form one council, with a minimum of 17 members elected for a period of four years. The aforementioned duties of the councils indicate the importance of their role in promoting the status of ethno-cultural and ethnonational minority communities. However, certain difficulties evidently emerge in the process of implementing these duties. For example, in the area of education, members of national councils frequently address the issue of insufficient communication with the relevant authorities and a lack of consideration for the consultative role of the council in this sphere. A total of six national councils have been formed thus far.17 The 2006 Law on Minority Rights and Freedoms was amended by the Law on
the Law was brought in line with the 2007 Constitution of Montenegro in terms of the terminology used. Law on Minority Rights and Freedoms, 2006. Available at: http://www.sluzbenilist.me/ 164 PravniAktDetalji.aspx?tag=%7B9CA4613B-9871-47EF-A24A- DFEDA6E15F38%7D (10.10.2017). Law on Amendments to the Law on
Danijela VukoviDanijela Minority Rights and Freedoms, 2011. Available at: http://www. sluzbenilist.me/PravniAktDetalji.aspx?tag=%7BA58921B6-4577-425C- B073-055E864F4128%7D (10 October 2017). 16 Article 35 of the Law on Minority Rights and Freedoms states that: “The Council shall: – Represent and act on behalf the relevant minority; – Submit proposals to state bodies, local self-government bodies and
ć public services in charge of promotion and development of the rights -
Ć of minorities and their members; alasan – Lodge initiatives with the President of the Republic for refusal to promulgate a legal act by which the rights of minorities and their members are violated; – Participate in planning and establishment of educational and pedagogic institutions; – Provide an opinion on curricula which reflect specificities of minorities; – Propose enrolment of a certain number of students at the University of Montenegro; – Launch initiatives for amending legislation and other documents regulating the rights of members of minorities; – Also perform other activities in accordance with the present Law.” Law on Minority Rights and Freedoms, 2006. Available at: http://www. sluzbenilist.me/PravniAktDetalji.aspx?tag=%7B9CA4613B-9871-47EF- A24A-DFEDA6E15F38%7D (10 October2017). 17 National Councils were formed for Serbs, Croats, Albanians, Bosniaks, Muslims and Roma. 165 edited volume 18 Article 79 significant part 19 amendments mainly amendments Therefore, a and the The Constitution of Montenegro, adopted in 2007, was The Constitution of primarily relating to the protection of identity of national communities: primarily relating to the protection of identity national belonging to minority nations and other minority “Persons and liberties, which they can communities shall be guaranteed the rights or collectively with others, as follows: 1) the right to individually exercise protect,exercise, develop and publicly express national, ethnic, cultural use and publicly post and religious particularities; 2) the right to choose, 3) the right to use national symbols and to celebrate national holidays; public and official use; their own language and alphabet in private, and alphabet in public 4) the right to education in their own language the curricula the historyinstitutions and the right to have included in nations and other and culture of the persons belonging to minority minority national communities; 5) the right, in the areas with significant self-government share in the total population, to have the local authorities, state and court authorities carry out the proceedings also in the language of minority nations and other minority national communities; 6) the right to establish educational, cultural and religious associations, with the material support of the state; 7) the right to write and use their own name and surname in their own language and alphabet in the official documents; 8) the right, in the areas with significant share in total population, to have traditional local terms, 2017. Available at: http://www.sluzbenilist.me/PravniAktDetalji.2017. Available (25 aspx?tag=%7B596D56C2-54AF-4639-A664-F57A76F4B9B3%7D October 2017). The Constitution contains a list of the most important minority rights, The Constitution contains a list of the most important minority Law on Amendments to the Law on Minority Rights and Freedoms, Law on Amendments to the Law on Minority Rights and Freedoms, 19 18 among the most significant foundation documents in the context foundation documents in the among the most significant policyof the multiculturalism Constitution in Montenegro. The 79, in the provision on guarantees special minority rights in Article “protection of identity”, on “prohibition of while the provision in Article 80 prohibits forced assimilation of minority assimilation” peoples and other national minority communities. of this Law was dedicated to the operations of the Fund for to the operations of the Fund of this Law was dedicated heading to budget allocation under the Minorities and its approach of Minority Rights”. for the Protection and Exercising “Fund Amendments to the Law on Minority Rights and Freedoms in 2011. in 2011. Freedoms Minority Rights and to the Law on Amendments Rights and to the Law on Minority on Amendments A new Law adopted in 2017, was Freedoms concern the role of the Fund for Minorities. The operations of the The operations of for Minorities. role of the Fund concern the allocation in the area of and their approach to budget Fund aimed at preservationsupporting activities of and development of minority peoples and other minorityidentity specificities criticised. communities was frequently guarantees the right to authentic representation in the Parliament of Montenegro and in the assemblies of the local self-government bodies in which they represent a significant share in the population, according to the principle of affirmative action (item 9), as well as the right to proportional representation in public services, state authorities and local self-government bodies (item 10). These two rights enabled political participation of minority communities at state and local levels. It is one of the most significant aspects of the multiculturalism policy in Montenegro, and as such, it requires special attention. At institutional level, the Ministry for Human and Minority Rights plays a significant role in implementing the multiculturalism policy and the guaranteed rights of minority communities in Montenegro. This body also submits proposal policies for developing and protecting minority rights to the Government of Montenegro, lays down regulations and instructions on electing members of minority councils and other minority communities, and supervises the implementation of the legislation as well as 166 regulations adopted on the basis of the Law on Amendments to the 20 Danijela VukoviDanijela Law on Minority Rights and Freedoms in 2011. The Ministry is also responsible for promoting inter-ethnic relationships and tolerance. It has limited capacities at its disposal for implementing the full scope of the envisaged activities, and this is one of the greatest
names of streets and settlements, as well as topographic signs written ć -
Ć also in the language of minority nations and other minority national alasan communities; 9) the right to authentic representation in the Parliament of the Republic of Montenegro and in the assemblies of the local self- government units in which they represent a significant share in the population, according to the principle of affirmative action; 10) the right to proportional representation in public services, state authorities and local self-government bodies; 11) the right to information in their own language; 12) the right to establish and maintain contacts with the citizens and associations outside of Montenegro, with whom they have common national and ethnic background, cultural and historic heritage, as well as religious beliefs; 13) the right to establish councils for the protection and improvement of special rights.” The Constitution of Montenegro, 2007, page 14. Available at: http://sudovi.me/podaci/vrhs/ dokumenta/614.pdf (25 September 2017). 20 Article 38 of the Law on Minority Rights and Freedoms (2006); Articles 7 and 39a of the Law on Amendments to the Law on Minority Rights and Freedoms (2011). 167 edited volume
21 , 2011:412). alasan, 2017:143). ć Ć - ć Successful exercise of the right to effective participation by of the right to effective participation by Successful exercise In the first phase, until 1997, the issue of minority rights, minority communities before the adoption of the 1992 Constitution, in see (Vukovi the context of former SFRY, For more on terminological solutions, protection and position of For more on terminological 21 minority communities is a prerequisite for instituting the principle minority communities is a prerequisite the right to political of the rule of law in Montenegro. Exercising in this context.participation is particularly important Minority to participate in political communities must be granted the right the society as a whole, decision-making processes that affect identity and rights of the rather than only in areas concerning the Effective political participation is minority community itself. and their full required for social participation of minorities on a representation of minorities depends integration. Political of the electoral system, range of factors, such as the characteristics territorial of the national minority group, the group’s the size of the minority concentration, the degree of integration the number and influence of national community in the society, parties receive from the parties, as well as the support that civic members of minority communities (Orlovi particularly the right to political participation, was marginalised. Participation of Minority of Ethnonational Participation in Montenegro and Ethno-Cultural Communities Decision-making Processes in Political hindrances in the functioning of the Ministry itself. Another Another of the Ministry in the functioning hindrances itself. is of minority rights of the protection actor in the context important and Freedoms of Human Rights of the Protector the Institution the of activities of in 2003. The basic line formed (Ombudsman), One can the protection of minority rights. Ombudsman concerns an invested significant efforts in building say that Montenegro exercising that would enable the process of institutional framework the legislation is at a areas. Additionally, minority rights in different satisfactory limitations, level, despite significant normative of political participation and representation particularly in the area ethno-cultural and ethnonational communities. of certain minority From the introduction of the multiparty system to the adoption of the aforementioned agreement in 1997, and the adoption of the Law on Election of Councillors and Representatives in 1998, the political setting in Montenegro was characterised by, inter alia, dominance of the Democratic Party of Socialists, a radical relationship with the opposition and a semi-authoritarian regime (Darmanović, 2007:85). Matters concerning minorities were marginalised in this period, and members of minority ethnonational communities were mostly not involved or represented in political decision-making processes. At the first parliamentary elections held in 1999, the Alliance of Parties of Minority Peoples won 13 out of 125 mandates, while there were no national minority parties in the parliament after the elections held in 1992, due to a change of constituencies. Following the return to full proportionality and the change in the number of constituencies at the 1996 elections, the Party of Democratic Action of Sandžak (SDA) won 3 mandates, the Democratic Alliance in Montenegro won 2 mandates, and the Democratic Union of 168 Albanians also won 2 mandates.
Danijela VukoviDanijela Following the internal split in the Democratic Party of Socialists in 1997, and the Agreement on the Minimum Principles for the Development of a Democratic Infrastructure in Montenegro with the opposition, grounds were set for adopting the Law on Election of Councillors and Representatives in 1998. This law set a model that enabled facilitated representation of a single, ć -
Ć Albanian national community. A special decision by the alasan Parliament of Montenegro resulted in setting up special polling stations in parts of the Montenegrin territory predominantly inhabited by the Albanian population. Between four and e representatives were directly elected at these polling stations, although the numbers varied. It is interesting to note that Albanian national parties won only two mandates at the parliamentary elections held in 1998, 2001, 2002 and 2006. The voters voted according to their political, rather than national affiliation. As a result, half or more than half of the mandates were won by non-national parties, primarily the Democratic Party of Socialists. This caused a great deal of discontent among the representatives of Albanian national parties that aimed at winning 169 edited volume
23 Law on Law with Minority
Therefore, in the in the Therefore, Multiethnic parties Ethnic Parties 22 , and Monoethnic parties Diversity-sensitive civic parties , non-national parties taking the reserved parties taking non-national seats Multiculturalism policy are meaningful only if they measures of ethno- One of the most significant areas of integration Candidates 2008:13). (Bieber, communities’ parties, Florian Bieber draws a distinction between four types of political parties: national parties won 2 mandates. In 2006, they won 3 mandates, while national parties won 2 mandates. In 2006, they in 2009, following the same model, they won a total of 4 mandates. Taking into account the relations between national minority Taking At the parliamentary elections held in 1998, 2001 and 2002, Albanian 23 22 result in the equal status of national minority communities and if status of national minority communities result in the equal relations. effect on the quality of inter-ethnic they have a positive for action measures were only introduced The fact that affirmative source of community was a major members of one ethnonational it was other national communities and, as such, discontent among by the relevant international organisations subject to criticism as the OSCE.dealing with minority rights issues, such This issue the adoption of the remained unresolved until 2011, and in a country,cultural and ethnonational communities which is full integration and simultaneously a prerequisite for achieving political participation. The equality in other areas, is the sphere of of democracyprocess of democratisation and consolidation of minority inevitably includes securing the participation at state and local levels. communities in decision-making processes be able to participate in Minority ethnonational communities must to all matters affecting political decision-making processes relating those matters strictly the society as a whole, rather than only In an the community itself. affecting the interest and position of laid down two different attempt to reach this goal, the 2011 Law and “small” for “large” types of affirmative action measures, Amendments to the Law on Election of Councillors and Members of of Councillors on Election Amendments to the Law Parliament of Montenegro. first phase of political representation of minority communities communities of minority of political representation first phase possible of electoral legislation, it was also and the development national representation of the interests of to achieve authentic through non-national, civic parties. minority communities opposed the principle of affirmative action. the principle of affirmative opposed the reserved national parties, seats for their representative that believing minority communities. These measures were in line with exercising the right to authentic representation, guaranteed by the Constitution of Montenegro, adopted in 2007, another significant pillar of multiculturalism in Montenegro. Apart from the list of minority rights listed in the Constitution, minority peoples and other national minority communities can also exercise the rights guaranteed by the adopted international treaties. Out of all the aforementioned measures, the most controversial matter (in terms of the various interpretations it received) is the matter of the meaning, content and the point of the “principle of affirmative action”, as well as the relationship between this principle and the right to “authentic representation” (Šuković, 2010:277).24 Article 22a of the Law on Amendments to the Law on Rights and Freedoms of Minorities states that authentic representation of minority peoples and other national minority communities in the Parliament of Montenegro and in local assemblies where members of these communities represent a significant share in the population, must be secured according to the principle of affirmative action, and in 170 line with the electoral legislation.25 Exercising the right to authentic
Danijela VukoviDanijela representation of national minority communities implies representation of their authentic interests through elected representatives, but it does not necessarily guarantee representation that is proportional to the number of members of a particular national minority in the total population of the country. ć
- 24 Ć Šukovi ć draws attention to the meaning, content, and the point of alasan “authentic representation”. It is important to note that “authentic representation” does not refer to proportional representation; instead, it is linked with the term “original”. The content, meaning, and the point of the right of members of minority peoples and other national minority communities to “authentic representation” means that the MPs, and the councillors in local self-governing bodies, chosen “in unison with others” have the duty and the right to voice and represent the specific original/authentic interests of the members of the relevant national minority.” (Šuković, 2010:279). Furthermore, Šuković emphasises the need to specify the meaning of the formulation “the right to authentic representation according to the principle of affirmative action.” 25 Law on Amendments to the Law on Minority Rights and Freedoms, Official Gazette of the Republic of Montenegro, No. 2/2011”. Available at: http://www.sluzbenilist.me/PravniAktDetalji.aspx?tag=%7BA58921B6- 4577-425C-B073-055E864F4128%7D (29 September2017). 171 edited volume threshold of 0.35 percent threshold of 0.35 percent 26 As action measures of affirmative a result of the criticism Councillors and Representatives. Available at: http://www.sluzbenilist.Councillors and Representatives. Available me/PravniAktDetalji.aspx?tag=%7BB3EA7C52-474C-423D-8921- (10 October2017) 3ACD728101F3%7D Article 62 of the Law on Amendments to the Law on Election of Article 62 of the 26 that were set forth in the Law on Election of Councillors and and on Election of Councillors set forth in the Law that were distinction made an unjustifiable in 1998, which Representatives in terms ethnonational communities ethno-cultural and between Law on political participation, the exercise of the possibility to Members Law on Election of Councillors and Amendments to the solution. of Montenegro provided a different of Parliament policy measures in line with multiculturalism Affirmative action the communities as well. This led to involved other minority be national minority communities could question of whether and only by their national parties authentically represented could the authentic interests of national representatives, or also be represented by civic,minority communities non-national legislation enabled parties A change in the electoral parties? specifically stated that they whose name, statute or programme If parties and more easily. were national parties to win mandates could prove to the electoral lists of national minority communities were parties and lists that State Election Commission that they the interests of a particular national represented exclusively changes could be made to the election minority community, of Montenegro, threshold for allocating seats in the Parliament of valid votes. For the which was 3 percent of the total number national minority parties and electoral lists that represented 0.7 percent of the total communities, a special threshold applied, national party or electoral number of valid votes. If more than one the 0.7 percent list representing national minorities crossed the so-called general threshold, the votes were added up to electoral list, so that the national lists of a single national minority The model of community could win up to three mandates. solution for the Croatian affirmative action also set forth a special The party or the electoral list of the Croatian national community. a single mandate was national community that could not win guaranteed a mandate if it crossed the of the total number of valid votes. Normative Limitations and Problems in Implementing Existing Solutions in the Area of Political Participation of Minority Communities
Alongside the aforementioned changes that represent an overall improvement in the area of exercising the right to authentic representation in the Parliament of Montenegro, which further leads to political participation, it is necessary to underline the most important challenges as well. Primarily, they refer to the level of participation and general integration of the Roma ethno-cultural minority community in the social and political life of Montenegro. The fact that affirmative action measures do not entail political representation of the Roma further complicates their social position, characterised by life in conditions of extreme poverty, pronounced discrimination and a low degree of integration in the socio-economic and legal- political sense.27 Following the adoption of the Action Plan for 172 the Implementation of the Project “Decade of Roma Inclusion
Danijela VukoviDanijela 2005-2015”, and the Strategy for Improving the Position of RAE Population in Montenegro 2008-2012, the Government of Montenegro adopted the Strategy for Improving the Position of Roma and Egyptians in Montenegro 2012-2016 in March 2012. The Strategy defines areas of implementation, institutions and ć - Ć 27 The Report on the Development and Protection of the Rights of Minority alasan Peoples and Other Minority National Communities for 2015 prepared by the Ministry for Human and Minority Rights presents the results of a research on perception, views and experiences of discrimination in Montenegro (this type of research was also conducted in 2011 and 2013 by the Ministry). Social groups were ranked by the degree of discrimination from high and medium, to low levels of discrimination. According to Montenegrin citizens, members of the Roma community are among the most discriminated members of the population, and this status remained unchanged throughout the years of research. These results indicate a problem in the application of the multiculturalism model from the perspective of the need to eliminate ethnic and national discrimination, and to decrease ethnic distance. For more details, see: Report on the Development and Protection of the Rights of Minority Peoples and Other Minority National Communities for 2015, Podgorica, 2016, p. 52. Available at: http://www.gov.me/biblioteka/izvjestaji?pagerI ndex=15&alphabet=lat (10.10.2017). 173 edited volume 29 Even after the adoption of the Law on Law on after the adoption of the Even 28 The fact that electoral legislation does not set forthThe fact that electoral legislation does Protection of Rights of Roma 2015. Available from: http://www.Protection of Rights of Roma 2015. Available mladiromi.me/2014-07-21-09-36-07/dokumenta/category/3-publikacije# (10.10.2017). Montenegro 2012-2016, Podgorica, 2012, p. 28. Available at: 2012, p. 28. Available Montenegro 2012-2016, Podgorica, http://www.mmp.gov.me/rubrike/strategija-za-poboljsanje-polozaja- (10 October2017). roma?alphabet=lat Summary Report on Montenegro’s Progress Toward Integration and Summary Progress Toward Report on Montenegro’s Strategy for Improving the Position of Roma and Egyptians in of Roma and Egyptians Strategy for Improving the Position 29 28 affirmative action measures for securing political representation ofaffirmative action measures for securing status of the Romathis community further complicates the An adequate approach to this issue would imply community. Croatian nationaladopting the solution that applies to the electoral lists need to crosscommunities, whose political parties and number of valid votes, ifthe threshold of 0.35 percent of the total threshold. The Romaneither of the parties crosses the 0.7 percent communities. Thus,ethnic community is also one of the smallest possible means to securingchanges in the threshold are the only subjects responsible for the implementation of activities in each of activities in each implementation for the subjects responsible of activities, etc. for the realisation area, funds Beside the legal employment,status, education, social and child health insurance, violence, cultural women and family violence against protection, information and habitation, the Strategy and linguistic identity, in the activities and areas of participation defines the critical create normative conditions for life. “To political and social local at state and of Roma and Egyptians political representation certain amendments to and level, which shall require on Election of Councillors and adjustments of Law Representatives.” Amendments to the Law on Election of Councillors and Members Members Law on Election of Councillors and Amendments to the of Montenegro in 2014, the normative of Parliament Egyptians political representation of Roma and preconditions for of Montenegro and local self-government in the Parliament Progress assemblies were not met. The Report on Montenegro’s of Roma 2015 Integration and Protection of the Rights Toward of Roma in the political states that the underrepresentation problems in the process of sphere is one of the most significant society. their integration into the Montenegrin political representation of this community in the Parliament of Montenegro, and their participation in the political decision-making processes. Since the Roma community is characterised by the worst economic and social status in the Montenegrin society, this solution appears to be absolutely justified. The current treatment is perceived as unjust by representatives of the Roma ethnic community, while the lack of a systemic solution represents a source of their discontent and criticism. Alongside political representation at national-state level, the matter of proportional representation of national minority communities in public services, state authorities and the public services remains unresolved. This right is guaranteed by Article 79 of the Constitution of Montenegro. Beside the Constitution, this right is specified in Article 25 of the Law on Minority Rights and Freedoms, which states that minorities have the right to proportional representation in public services and local self- government bodies, and that authorities in charge of human resource matters, together with councils for national minorities, 174 monitor the implementation of this right.30 Additionally, Article
Danijela VukoviDanijela 45 of the Law on the Election of Councillors and Representatives states that the head of a state authority must take into account proportional representation of members of minority peoples and other national minority communities while making decisions regarding the choice of candidates. 31 The Report on the Development and Protection of the Rights of Minority Peoples ć -
Ć for 2015 prepared by the Ministry for Human and Minority Rights alasan states that heads of state authorities must be in charge of securing proportional representation, guaranteed by the Constitution and the aforementioned laws, in light of the future reforms in the area of public services. It is also considered
30 Law on Minority Rights and Freedoms, “Official Gazette of Montenegro, No. 31/2006”. Available from: http://www.sluzbenilist.me/ PravniAktDetalji.aspx?tag=%7B9CA4613B-9871-47EF-A24A- DFEDA6E15F38%7D (10.10.2017). 31 Law on the Election of Councillors and Representatives Official Gazette of Montenegro, no. 39/2011. Available at: http://www.sluzbenilist.me/ PravniAktDetalji.aspx?tag=%7B8B19A19E-1A3D-4008-89F8- 30687A6B3AC0%7D (15 October2017). 175 edited volume This is particularly This is particularly 32 , Podgorica, 2010, p. 34. , Podgorica, Representation of Ethnic Communities in Public of Ethnic Communities Representation It was one of the first pieces of research onIt was one of the first pieces of research 33 There is no precise data on the national and ethnic structureThere is no precise made by the Youth Initiative for Human Rights for provision of data on Initiative for Human Rights made by the Youth national communities in the representation of members of different state administration bodies. Following the request, 3,462 officers and Record, and a total of clerks filled out the Central Human Resource A total of 1.55 percent declared as 1,488 revealed their nationality. 4.17 percent declared as Albanian; 0,67 percent declared as Bosniak; Serb; 84.95 percent declared as Montenegrin; 0.2 percent declared as 1.55 percent declared as Croat; 0.13 percent declared as Yugoslav; and 1.68 percent Muslim; 5.04 percent declared as “unknown”, Initiative for Human Rights, Foundation remained “undeclared”. Youth Open Society Institute, in Montenegro Administration Peoples and Other Minority National Communities for 2015, p. 13. and Other Minority National Communities for Peoples at: http://www.gov.me/biblioteka/izvjestaji?pagerIndex= Available 15&alphabet=lat (15 October2017). The Human Resources Management Authority responded to the request The Human Resources Management Report on the Development and Protection of the Rights of Minority Report on the Development and Protection of the Rights of 33 32 of employees in public services,of employees in public and local the state administration, In 2010, based on existing bodies in Montenegro. self-government data, interviews of the research conducted in 2008 by the Office and representation of on Rights and Freedoms Protector of Human communities in state authorities, non- members of minority structure established that the ethno-national governmental activists not match the ethnic structure of theof employees does population. important for members of the Roma ethnic community on on Roma ethnic community for members of the important of resources and low education levels, account of their lack rights. of the implementation of these hindering the process necessary support to to provide financial for the Government of minority training of members and professional education communities. national minority peoples and proportional representation conducted in Montenegro. The Ministryproportional representation conducted with the Humanfor Human and Minority Rights, in partnership a research in 2014 onResources Management Authority conducted peoples and other nationalthe level of representation of minority and public administrationminority communities in state authorities bodies. Out of the total of 6,808 interviewees: 82.11 percent declared as Serb; 1.32declared as Montenegrin; 7.30 percent declared as Bosniak; 2.19percent declared as Albanian; 4.89 percent declared as Roma; 0.40percent declared as Muslim; 0.03 percent percent declared as Croat; 0.35 percent declared as “other”; and 1.41 percent remained undeclared in terms of nationality.34 According to a 2011 research study, a total of: 79.03 percent declared as Montenegrin; 8,.9 percent declared as Serb; 2.80 percent declared as Albanian; 4.14 percent declared as Bosniak; 2.39 percent declared as Muslim; 0.01 percent declared as Roma; 0.89 percent declared as Croat; and 0.42 percent of employees declared as “others” in terms of nationality. A report on employment and the situation in administrative areas in 2015 prepared by the Ministry for Human and Minority Rights contains data on proportional representation of national minorities in state bodies, administrative bodies, local self-government bodies, courts, and the State Prosecutor’s Office. Out of the total of 13,900 interviewees, 74.76 percent declared as Montenegrin; 11.24 percent declared as Serb; 2.51 percent declared as Albanian; 5.62 percent declared as Bosniak; 2.46 percent declared as Muslim; 0.02 percent declared as Roma; 0.76 percent declared as Croat; and 0.42 percent declared as “others” in terms of nationality.35 Another report also 176 prepared by the Ministry in 2016 contains data on proportional
Danijela VukoviDanijela representation of national minorities in the Police Administration. Out of the total of 3,858 employees, 3,377 (87.53 percent) filled out the questionnaire. The results show that 83.00 percent of Montenegrins; 6.60 percent of Serbs; 5.09 percent of Bosniaks; 2.49 percent of Muslims; 1.33 percent of Albanians; 0.09 percent of Roma; 0.09 percent of Croats: and 0.15 percent of “others” are ć
- 36 Ć employed at the Police Administration. The data presented above alasan
34 Report by the Ministry for Human and Minority Rights on employment and the situation in administrative areas for 2014. Podgorica, 2015, p. 7. Available at: http://www.mmp.gov.me/pretraga?query=Izvje%u0161taj &publishedFrom=01.01.2015&publishedTo=01.03.2015&siteId=48&co ntentType=2&searchType=4&sortDirection=desc (20 October2017). 35 Report by the Ministry for Human and Minority Rights on employment and the situation in administrative areas for 2015. Podgorica, 2016, p. 11. Available at: http://www.mmp.gov.me/pretraga?query=Izvje%u0161 taj&siteId=48&contentType=2&searchType=4&sortDirection=desc (20 October2017). 36 Report by the Ministry for Human and Minority Rights on employment and the situation in administrative areas for 2016. Podgorica, 2017, p. 7. Available at: http://www.mmp.gov.me/biblioteka/izvjestaji (20 October 2017). 177 edited volume
38 , Berane, Herceg Novi, ć other communities are significantly are significantly other communities 37 trend of growth of proportional representation representation of proportional trend of growth proportional representation of minority peoples and of minority peoples representation proportional Political representation of national minority communities at representation of national Political and 2016, p. 11. the situation in administrative areas for 2015. Podgorica, at: http://www.mmp.gov.me/pretraga?query=Izvje%u0161taj Available (20 &siteId=48&contentType=2&searchType=4&sortDirection=desc October2017). Bijelo Polje, Ulcinj, Tivat and Kotor. They include the introduction of Ulcinj, Tivat and Kotor. Bijelo Polje, “empty seats” with the right to voicing opinions even without the right to vote when decisions are being made on matters relating to members the plan includes employing one of these communities. Additionally, of promoting the body in charge person in the local self-government position of members of those communities at local level. Report by the Ministry Human and Minority Rights on employment for Local action plans have been adopted in Nikši 37 38 local level is an area of integration which is yet to be addressed in of integration which is yet to be addressed local level is an area to authentic representation and the right detail. The right to level. are both implemented at local proportional representation minority bodies in areas where Local self-government of the population, ought to communities constitute the majority as they are being fulfil the requirements of those communities, the multiculturalism model. met at the national level, in line with taking in this manner, Integration at all levels can only be achieved local contexts, which into account the specificities of different and to equal further leads to prevention of discrimination ethno-cultural representation of all ethnonational and of ethnic and national communities. There are no precise analyses bodies. The situation with data structures in local self-government in Bearing better. on the Roma ethnic community is somewhat members of this community mind the territorial concentration of a bodies and their high position, in certain local self-government bodies commenced preparing total of seven local self-government their integration. local action plans with the goal of enabling underrepresented in state administration bodies. Proportional in state administration bodies. Proportional underrepresented ethnonational communities in government representation of all bodies, as and local self-government bodies, state administration a Constitution and the relevant laws, is guaranteed by the democratisation of the society. prerequisite for a successful other national minority communities has still not been achieved. been achieved. has still not minority communities other national there is a Although communities, of certain indicates that indicates Although the issue of implementation of local action plans was recognised as highly significant by the Ministry for Human and Minority Rights, in relation with the Strategy for Improving the Position of Roma and Egyptians in Montenegro 2012-2016, this topic has remained at the level of discussion.39
Concluding Remarks
The model of multiculturalism as applied in Montenegro mainly corresponds to the model of multiculturalism for national minorities. From the introduction of a multiparty system, the provision and implementation of minority rights policy has become increasingly significant, primarily as a result of the needs of particular political situations. This is particularly typical for the period following Montenegro’s renewal of independence, when it started forming a solid legal and institutional framework for ethnonational and ethno-cultural minority groups exercising their 178 rights. In that context, the Constitution of Montenegro, adopted in
Danijela VukoviDanijela 2007, and the relevant laws that addressed this matter, played the most significant role. Therefore, at the formal, legal and institutional levels, it can be said that Montenegro does apply the mechanisms and measures of multiculturalism policy. However, there are certain normative limitations that ought to be resolved if a successful process of “integration without assimilation” is to be ć -
Ć achieved. The limitations primarily refer to a lack of affirmative alasan action measures for members of the Roma and Egyptian ethnic communities that would provide for political representation and secure participation in political decision-making processes. This is necessary for the process of integration of Roma and Egyptian communities, whose members are of the poorest political, economic, and social status. The Roma ethnic community in
39 Report on the implementation of the Strategy for Improving the Position of Roma and Egyptians in Montenegro 2012−2016 for 2015, p. 28. Available at: http://www.gov.me/biblioteka/izvjestaji?pagerIndex=15 &alphabet=lat (20 October2017). For more on the integration of Roma and Egyptians, and the most critical issues in the area of political participation and representation see: (Vuković-Ćalasan, 2017:240-261). 179 edited volume , (2) 56: 435-468. . Skopje: Friedrich Ebert Stiftung. Friedrich . Skopje: McGill Law Journal McGill Law Stanje i perspektive multikulturalizma u Srbiji i multikulturalizma Stanje i perspektive , G. (ed.): ć . Beograd: Srpska akademija nauka i umetnosti, Institut . Beograd: Srpska akademija nauka i umetnosti, , V., Baši , V., ć i č državama regiona društvenih nauka. p. 51-65. Parties and Minority Representation Political pp. 5-31. Stanov , Goran. 2016. Etnokulturni identiteti – politike priznanja i prakse opstanka, in: , Goran. 2016. Etnokulturni identiteti – politike ć Bieber, Florian. 2008. Introduction: Minority Participation and Political Parties. in: Parties. and Political Florian. 2008. Introduction: Minority Participation Bieber, Bouchard, G. 2011. What is Interculturalism? Baši Bibliography Montenegro does not have a political party that would argue for would argue for a political party that does not have Montenegro participation in community through interests of this the authentic The body. the highest legislative processes in decision-making affirmative action changes in terms of normative aforementioned There are activism within this community. would incite political in implementing the right to proportional additional challenges of minority peoples and national representation of majority Given the fact that there are no precise minority communities. it is and ethnic structure of employees, records on the national in terms of insight into the actual state of affairs difficult to gain an results of the the proportional employment. However, clearly indicate the need to invest aforementioned research of order to enable the implementation additional efforts in local level. This applies to the state-national and guaranteed rights. policyImplementation of the multiculturalism in Montenegro levels, which is frequently implies equal evaluation at both of these a majority at national disregarded. A community that represents be subject to marginalisation level, and a minority at local level, can Thus, it is at the level of local self-government. or exclusion data on the implementation important to have precise and reliable successful level. Finally, of affirmative action measures at local policyimplementation of the multiculturalism in Montenegro and social actors in implies adequate engagement of institutions consolidating a political identity strengthening inter-culturalism, an adequate environment built on civic foundations, and creating for the development of plural identities. Bugarski, Ranko. 2016. Jezik, multikulturalizam i interkulturalizam, in: Stanovčić, V., Bašić, G. (ed.): Stanje i perspektive multikulturalizma u Srbiji i državama regiona. Beograd: Srpska akademija nauka i umetnosti, Institut društvenih nauka. pp. 111-119. Darmanović, Srđan. 2007. Druga tranzicija u Crnoj Gori – od polukompetitivnih izbora do izborne demokratije. in: Darmanović, S., Komar, O., Vujović, Z.: Izborni i izborno zakonodavstvo u Crnoj Gori 1990-2006. Podgorica: CEMI. Džankić, Jelena. 2012. Montenegro’s Minorities in the Tangles of Citizenship, Participation, and Access to Rights. Journal on Ethnopolitics and Minority Issues in Europe, (Vol.11), No 3: 40-59. Goati, Vladimir. Izbori u SRJ od 1990. do 1998, Volja građana ili izborna manipulacija. Beograd: Centar za slobodne izbore i demokratiju. Kymlicka, Will. 2010. The rise and fall of multiculturalism?: New Debates on Inclusion and Accommodation in Diverse Societies, in: Vertovec, S., Wessendorf, S. (ed.) The Multiculturalism Backlash, European discourses, policies and practices. London: Routledge. p. 32-50. Lošonc, Alpar. 2016. Pritisnuti multikulturalizam, in: Stanovčić, V., Bašić, G. (ed.): Stanje i perspektive multikulturalizma u Srbiji i državama regiona. Beograd: 180 Srpska akademija nauka i umetnosti, Institut društvenih nauka. pp. 65-83.
Danijela VukoviDanijela Malešević, Siniša. 2009. Sociologija etniciteta. Beograd: Fabrika knjiga. Maluf, Amin. 2016. Ubilački identiteti. Nasilje i potreba za pripadanjem. Beograd: Laguna. Modood, Tariq. 2007. Multiculturalism. A Civic Idea. Cambridge: Polity Press. Orlović, Slaviša. 2011. Političko predstavljanje nacionalnih manjina – Srbija u komparativnoj perspektivi. Etničke i migracijske teme (27), no. 3: 393−417. ć -
Ć Parekh, Bhikhu. 2008. Nova politika identiteta. Zagreb: Politička kultura. alasan Parekh, Bhikhu. 1998. Integrating Minorities in a Multicultural Society, in: Preuss, K. U., Requejo, F. (ed.): European Citizenship, Multiculturalism and the State. Baden−Baden: Nomos Verlagsgesellschaft. pp. 67-87. Peters, Bernhard. 1999. Understanding Multiculturalism. Bremen: Institut für Interkulturelle und Internationale Studien (InIIS) Universität Bremen. Pieterse, Nederveen, Jan. 2007. Ethnicities and Global Multiculture, Pants for an Octopus. Lanham: Rowman & Littlefield. Raduški, Nada. 2003. Etnička homogenizacija stanovništva Srbije krajem XX i početkom XXI veka, in: Babić, G. (ed.): Demokratija i multikulturalnost u Jugoistočnoj Evropi. Beograd: Centar za istraživanje etniciteta. p. 425-434. Raz, Joseph, 1998. Multiculturalism. Ratio Juris (11), No. 3: 193-205. 181 edited volume The . kih . London: č anskog anskog đ ka participacija Roma u Crnoj ka participacija Roma u č (1), no. 1: 240-261. (31), no. 1: 7-39. . Podgorica: CID. . Podgorica: European discourses, policies and practices European discourses, , Mehmed. 2015. Izazovi izgradnje gra izgradnje , Mehmed. 2015. Izazovi , ć evi č e Đ Ustavno pravo ke i migracijske teme i migracijske ke č Etni The Ethnicity Reader: Nationalism, Multiculturalism and Migration Multiculturalism Nationalism, Reader: The Ethnicity Forum za sigurnosne studije (FOSS) za sigurnosne Forum alasan, Danijela. alasan. 2017. Politika multikulturalizma i politi alasan. 2017. Politika identiteta u Crnoj Gori: postreferendumske podjele i sporovi politi postreferendumske identiteta u Crnoj Gori: partija. Gori. against Multiculturalism in Europe, in: Vertovec, S., Wessendorf, S. (ed.) S., Wessendorf, in: Vertovec, in Europe, against Multiculturalism Backlash Multiculturalism (ed.): Cambridge: Polity Press. pp. 205-220. Polity Cambridge: Routledge. pp. 1-32. Ć Ć - - , Mijat. 2010. ć ć ć Vukovi Vertovec, Steven, Wessendorf, Susanne. 2010. Introduction: Assessing Susanne. 2010. Introduction: the Backlash Steven, Wessendorf, Vertovec, Rex, John. 1997. The concept of a multicultural society, in: Guibernau, M., Rex, J. in: Guibernau, society, The concept of a multicultural Rex, John. 1997. Šukovi Vukovi Rubin Zemon Euro-Balkan University, Skopje, Macedonia Skopje, University, Euro-Balkan
Аутор 182 183 edited volume c historical fi ict in 2001, intellectuals and fl ows and present global trends. fl Macedonia, multiculturalism, communities, divided Macedonia, multiculturalism, communities, divided other public actors increasingly voice the opinion that,other public actors increasingly voice the opinion under the into aguise of multiculturalism, Macedonia in fact develops society which is bi-ethnic, bi-cultural, as well as bi-polar. Keywords: society. Although the statements by politicians in Macedonia, especiallyAlthough the statements public,those intended for international dominated by the are is a multicultural society anddeclaration that Macedonia country, an item related to the Macedonian multicultural many in themodel remains obscure, incomplete and dysfunctional forums,context of state policy Several debates, and strategy. and discussions on multiculturalism in the non-governmental sector and the media, apart from establishing some when itfundamental knowledge, also introduced confusion in a morecomes to multiculturalism, while also failing to usher ofcomprehensive treatment and purposeful application rich traditionmulticulturalism as a social model. Despite of the the political andof Macedonia as a diverse and tolerant society, cultural elites perceive multiculturalism as a ‘necessary evil’, the country’srather than the basis for equity which would shape future within the globalization after the con and especially Lately, Nation-states are products of a quite speci development in Europe, enabled by the introduction and rapid development in Europe, A b s t r a c t Macedonian Salad:Macedonian Reality Managing Virtual of the among the Imaging Multiculturalism Dreaming Nation-State, Policies Bi-Cultural and Developing P a r t 7 development of capitalism and the capitalist mode of production. From the sixteenth century onwards, European nation-states have developed simultaneously with the formation of modern (ethno) nations. Through this process, the states have acquired ethnic characteristics and identities. Dominant ethnic communities on certain territories usually determined ethnic identities of the nation- states. States are understood as specific, or even exclusive means and mechanism to assure the implementation of certain (national) interests of (ethno) nations. The European states were established as nation-states of certain nations – i.e. ‘single-nation states’ - and are still perceived as such. This concept can be illustrated by a simple equation: state=nation=people. (Žagar M., 2010:172). Following this line of reasoning, nation-states and their populations were believed to be ethnically and culturally homogenous entities. As the result, a myth of ethnic homogeneity was born, which affirmed the belief that nation-states belonged to certain (ethnic) nations. The myth of ethnic homogeneity was a powerful force in building a common, collective, ethnically-based identity on the 184 territory of a certain state. This myth is, in turn, the basis for the
Rubin Zemon political ideology of nationalism and is, as such, often exploited by nationalist movements and politicians. (Smith A.D., 1991: 194). However, as it is often the case with myths, the myth of nation- states’ ethnic homogeneity does not correspond to reality, as ethnic/cultural plurality has always been the reality for most territories and states. Nationalism is exclusive and/or hegemonic, and it usually entails hostility towards others. Hostile to diversity and pluralism, nationalism is incompatible with liberal democracy. Initially, multiculturalism was usually perceived as an element of the state’s public life, i.e. of the traditional political framework, especially in the USA. A complex historical context – the presence of indigenous people, import of slaves from Western Africa, diversity of religious groups, Anglo-Saxon origin of the economic and political elite etc. – gave birth to the idea of ‘melting pot’, a common denominator for the diverse ethnical backgrounds and experiences found on the American continent. A term ‘melting pot’ became synonymous with gradual and quiet assimilation of ‘small’ communities into the dominant and massive cultural/ethnic group within the nation-state. 185 edited volume melting ethno-cultural ”! (Kymlicka W., 1999:3) ”! (Kymlicka W., Indeed, the problem is not that different nation-states with Indeed, the problem is not that different Certain theorists argue that this is precisely what The salad bowl concept suggests the integration of many of many the integration bowl concept suggests The salad , since the latter suggests that ethnic groups may become that ethnic groups may become , since the latter suggests their liberal-democratic social systems have various approaches to their liberal-democratic social systems but that heterogeneity, the issue of managing the ethno-cultural neglected the domain social, political and other scientific theories when a couple of of ethno-cultural relations up until mid-1980s, with the issue of cultural and political philosophers started dealing ethnic diversity management. One of the reasons for such late ethno-cultural diversity is interest of scholars and politicians in “ their engagement with the myth of so-called distinguishes liberal ‘civic nations’ from illiberal ‘ethnic nations’. the reproduction of a particular ethno-national Ethnic nations take culture and identity to be one of their most important goals. Civic nations, by contrast,are ‘neutral’ with respect to the ethno-cultural pot unable to preserve identities due to the forces of their cultural University’s Chua argue for Amy such as Yale assimilation. Scholars A. of multiculturalism: the salad bowl (Chua a different version in the of “hyper-powers” the “tolerance” 2009:10). She emphasizes course of history, on while estimating that the United States are the verge of losing that very ideal present in recent years and a tolerant nation in the stressing her wish for America to remain Chua Scholars like context of globalization and multiculturalism. ethnic groups, and cultures call for coexistence of different races, being preserved,with their own unique characteristics in a like to assimilate into the single salad bowl, rather than requiring them E., (Kolb 2009:97) entity created by the dominating majority. neutrality different cultures in a manner which more resembles making a which more resembles cultures in a manner different of cultural traditional concept to the more salad, as opposed melting pot. known as is more commonly In Canada, this concept cultures Within the salad bowl model, various the “cultural mosaic”. do not merge into a salad ingredients — but are combined — like its own dish, i.e. culture. Each culture keeps single homogeneous individual idea proposes a society of many distinct qualities. This culture, the all-encompassing mixed cultures, as opposed to ‘pure’ more politically correct than the and the term has become identities of their citizens, and define national membership purely in terms of adherence to certain principles of democracy and justice. For the minorities to seek special rights, in this context, is a radical departure from the traditional operation of the liberal state. Therefore, the burden of proof lies with anyone who seeks to endorse such minority rights. (Kymlicka W., 1999: 8). This is the burden of proof which liberal culturists try to meet with their account of the role of cultural membership in securing freedom and self-respect. They try to show that minority rights supplement, rather than diminish, individual freedom and equality, and help meeting the needs which would otherwise go unmet in a state that clung rigidly to ethno-cultural neutrality.
Definition and Official List of the National Minorities in Macedonia
The Constitution of the Republic of Macedonia stipulates the 186 freedom of expression of national/ethnic identity, and citizens are
Rubin Zemon equal in their freedoms and rights regardless of gender, race, colour, national or social origin, political or religious beliefs, property or social status. All citizens are equal before the Constitution and laws. In the Republic of Macedonia there exists no legal definition or interpretation to explain the terms “parts of nation” or “community”, as presented in the Constitution of the Republic of Macedonia1. This lack of a clear definition creates considerable challenges when it comes to defining the legal and political status of the national minorities as well as their role in the public life of the Republic of Macedonia. The manner in which national minorities are defined in the Constitution, as “parts of nation” or as a “community”, also generates discrimination on ethnic grounds when it comes to the
1 Official Gazette of the RM, no. 91/2001: “The citizens of the Republic of Macedonia, the Macedonian people, as well as citizens living within its borders who are part of the Albanian people, the Turkish people, the Vlach people, the Serbian people, the Romany people, the Bosniak people and others taking responsibility for the present and future of their fatherland, aware of and grateful to their predecessors for their sacrifice and dedication in their endeavours and struggle to create an independent and sovereign state of Macedonia…” 187 edited volume population, the excluded from excluded S. 2016:349). ć de facto for registering the Despite the fact that the normative part of the ConstitutionDespite the fact that the normative part The last census in 2011 was not successful. A few days before does not limit the rights of the communities belonging to thedoes not limit the rights of the communities category of “other” communities, they are the end of the period allocated enjoyment of civil and minority rights of the members of the rights of the members of civil and minority enjoyment living in the territorycommunities Republic of the and being citizens are not mentioned communities that Members of the of Macedonia. from most of the are excluded of the Constitution in the Preamble of the members mentioned in the Preamble rights enjoyed by the Republic of Macedonia. (Škari Constitution of the However, there is no article in the normative part of the Constitution there is no article However, for the Committee for inter-community in the provisions (except which restrict the right of of the Constitution) relations, Article 78 so-called “other” of the Constitution communities of the Preamble a part in the public life, to preserveto take their cultural, linguistic, On the contrary, of the the Constitution identity. religious and other the ethnic, is highly liberal and clearly affirms Republic of Macedonia of its citizens. cultural and other diversity laws and decisions, i.e. the Law on Officialthe wording of many the Council of Europe’s Holidays. The Republic of Macedonia signed the Protection of National Minorities Convection for Framework it on 10 April 1997. The(FCPNM) on 25 July 1996 and ratified Convention entered into force on 1 February 1998. In their initial report, that only the communities that the authorities recognized of the Constitutionare specifically mentioned in the Preamble FCPNM. In almost everywould be protected and covered by the opinion communicated by the Advisory Committee of the the Protection of National Minorities Convection for Framework they urged the authorities(FCPNM) to the authorities of Macedonia, to other groupsto engage in a dialogue with persons belonging Convention. the Framework interested in the protection offered by Charter for Regional and Minorities LanguagesThe European Republic of Macedonia on 25 July 1996 was signed by the (ECRML) entering into force. but has not been ratified since, thus never authorities announced that the census had failed. This was followed NGOs reported serious by no comprehensive justification. Many violations of legal provisions when conducting the census process in the field.2 A number of people without permanent residency in the Republic of Macedonia were registered, and a number of attempts at agitation from ethnic political activists were reported.3 The last census before the failed one was held in 2002. On that occasion, numerous complaints and reports were also filed pertaining to the objectivity of the methodology and publishing of the census results, especially when it came to the data concerning ethnic affiliation. There was no monitoring of the collation of data; there were cases where the ethnic identity of entire villages/ settlements shifted compared to the previous censuses; there was also a lack of equitable representation in the Census Committee and the Statistical Office, etc.4
Table 1. The Ethnic composition of the population in the Republic of Macedonia according to the 2002 census5
Ethnic community Number % Macedonians 1,297,981 64.17 188 Albanians 509,083 25.17
Rubin Zemon Turks 77,959 3.85 Roma 53,879 2.66 Serbs 35,939 1.78 Bosniaks 17,018 0.84 Muslims 2,553 0.13 Aromanians/Vlachs 9,695 0.47 Egyptians 3,713 0.18 Croats 2,686 0.13 Montenegrins 2,305 0.12
2 http://www.time.mk/read/70f23fb638/5edeceaad6/index.html; http:// www.time.mk/read/70f23fb638/cb457952ba/index.html, 3 http://www.vecer.com.mk/?ItemID=D4CBA8A94A1C254B88004BC37D2 EE076; http://www.freedomhouse.org/report/nations-transit/2012/ macedonia 4 http://www.utrinski.com.mk/?ItemID=CDA5FF5FC569DB499D12F5FEDF95 AB80, http://www.netpress.com.mk/mk/vest.asp?id=78559&kategorija=1, http://star.dnevnik.com.mk/?pBroj=2329&stID=26572, http://www. podgorci.info/torbeska%20deklaracija.pdf p. 6; http://star.dnevnik.com.mk/ default.aspx?pbroj=2898&stID=66076 5 The Statistical Office of Macedonia, Census 2002. 189 edited volume 6 1,371 0.07 2,022,547 100 3,246 3,920 3,225 2,281 liated 829 0.04 ffi
Total Hungarians 2,003Hungarians 1,417Bulgarians 422Greeks 0.11 of Others – communities 0.07 fewer than 400 members 0.02 Regionally a Non-declared 3,431Non-declared 0.16 These data evidence that the Republic of Macedonia has These data evidence that the Republic In general, there have been a lot of controversies concerning been a lot of controversies concerning In general, there have Macedonia. Year 1953 1961 1971 1981 1991 1994 According to the information the Statistical Office of the Republic of According to the 6 Macedonians 860,699Albanians 1,000,854 1,142,375Turks 1,279,323 162,524 1,328,187Roma 1,288,330 183,108Vlachs 279,871 203,938Serbs 377,208 131,481 20,462Bosniaks 441,987 108,552 8,668Egyptians 2,606 442,914 86,591 35,112Croats 8,046 24,505Montenegrins 77,080 42,728 43,125Muslims 7,190 2,526 77,252 46,465 2,770Others 52,103 6,384 44,468 3,414 43,732 3,801 1,591 42,775 7,764 13,111 3,882 3,002 39,260 19,180 8,467 3,307 1,248 38,350 39,513 2,878 32,884 31,356 52,712 2,178 15,315 36,922 3,307 3,169 7,244 actively been engaging with the questions concerning ethnic and the fluctuation in the number of identity processes. Furthermore, the figures about ethnic composition in the Republic of Macedonia. composition in the Republic of the figures about ethnic and some indication to demographic shifts The table below gives of politics in the census in the Republic fluctuation in identity Macedonia historically. Table 2: Population in the Republic of Macedonia according to censuses 1953-1994 in 2: Population Table national minorities’ members identified in this table, raises questions about the meaningfulness of the legal provision which stipulates that equitable representation should be based on the official data from “the last census”, unless a more updated census is to be conducted instantly.
Macedonian Multicultural Dichotomy
The Republic of Macedonia is considered by the ethnic Macedonians to be their “natural” country, and they consequently do not allow enough ‘space’ for Albanians and other communities. In this way, multicultural space where cultural differences are pronounced and nationalisms which pretend to homogenize political and public life have become normal phenomena. The political elites of the two main communities in Macedonia – Macedonians and Albanians, are pretending to make asymmetrical state governance, neglecting the needs of other communities living in the country. 190 (Stankovic Pejanovic V. 2016: 367). The implementation of the
Rubin Zemon so-called Ohrid Framework Agreement from 2001, established the fundaments of de facto bi-cultural, bi-national state, where the Macedonians and the Albanians are constructing two ethno-political elites, while other minorities barely participate in the political life.
Legal framework
There are several laws governing the protection of communities and their cultural, linguistic, religious and other identities in the Republic of Macedonia.
The Law on the Promotion and Protection of the Rights of Persons Belonging to Communities That Are Less than 20% of the Population in Macedonia7
The law generally provides for constitutionally guaranteed rights of the communities. The law stipulated the setup of an
7 Official Gazette of the RM, no. 92/2008. 191 edited volume 9 has been 8 , no. 150/ 2007. 10 no. 5/2002. Article 41 of the Law regulates decision-making proceduresArticle 41 of the Law regulates decision-making The Law provides guidelines for the election and The Law provides guidelines for the election Constitution. Official Gazette of the Republic of Macedonia Official Gazette of the Republic Official Gazette of the RM, The composition of this Committee is also stipulated in Article 78 of the
8 9 10 within municipal councils, stipulating that a decision shall be made by awithin municipal councils, stipulating that culture, the use of a languagemajority vote. Regulations pertaining to 20% of the population in the municipality and the by less than spoken and flag of municipality shallendorsement and use of the coat of arms present members of thebe adopted by the majority vote of the Municipal Council. Decisions must obtain a majority of the votes from composition of a Committee for Inter-Ethnic Relations. According composition of a Committee for Inter-Ethnic shall consist of 19 members, of whom the Committee to the Law, each, while Turks, Macedonians and Albanians have 7 members 1 member each. The law Vlachs, Roma, Serbs and Bosniaks have the communities does not further stipulates that in case one of have representatives in the Parliament, after the Ombudsman, of those communities, consultation with relevant representatives to the Committee. shall propose the remaining members The Law on Local Self-Government on Local The Law The Law on the Committee for Inter-Ethnic Relations Inter-Ethnic for on the Committee The Law Agency, in order to harmonize the implementation of the the implementation to harmonize in order Agency, the dealing with Agreement of the Ohrid Framework provisions the of rights for securing the exercise of minorities and protection The than 20% of the population. making up less communities of Rights the Implementation Agency of Communities for tasked with providing support to the Government in implementing with providing support to the tasked of strategic, and in particular, legal and constitutional priorities, of representation in the state administration ensuring equitable Article 17 of the Law belonging to the communities. the citizens fund The of a special fund within the Agency. stipulates the setup Macedonia from the budget of the Republic of should be financed and promote the rights of minority in order to implement of funds is based on a competition communities. Allocation Agency. announced by the those council members present who belong to the communities that are not the majority population in the municipality. Article 55 of the Law stipulates that in the municipalities where at least 20% of the total population – according to the last population census – belongs to a certain community, Inter-Community Relations Committee (CICR) shall be established. The Committee shall be composed of an equal number of representatives from each community represented in the municipality. The Committee shall consider issues concerning the relations between the communities represented in the municipality and provide opinions and suggestions pertaining to the ways to address them. The municipal council is obliged to consider the opinions and proposals.
The Law on Political Parties11 The law defines the rules for establishment, registration and dissolution of political parties. According to the Law, a political party may be established with the support of at least 1,000 adult citizens. Ethnic identity is at the core of the party system in the 192 Republic of Macedonia, and it is used in party identification, as well
Rubin Zemon as voters’ mobilization.
The Law on Primary School12 The Law stipulates the rules for implementation of the compulsory primary education in primary schools, as well as activities related to primary education. This law guarantees the communities’ right to education in their mother tongues. The law also guarantees the engagement of teachers who can teach pupils from various communities in their mother tongues; keeping of education records in languages other than Macedonian for the members of various communities; publishing and use of educational textbooks in the language of various communities; as well as participation of the communities’ members in the boards for evaluation of textbooks.
11 Official Gazette of the RM, no. 76/04 – decisions by the Constitutional Court of the RM 12/2007-0-0; 15/2007-0-0; 23/2007-0-1; amendment to other law - 05/2007; amendment to other law 07/2008 12 Official Gazette of the RM, no. 103.08 - decisions by the Constitutional Court of the RM 202/2008; 212/2008; 234/2008; amendment to other law 33/2010; 116/2010; 156/2010;18/2011; 42/2011; 51/2011; 6/2012; 100/2012 193 edited volume 14 98/2008 – amendment to other law
52/2002 – decisions by the Constitutional 13 , no. 59/2003 – decision by the Constitutional , no. 15 The Law determines those elements of culture that are The Law determines those elements The Law governs the production and approval of textbooks production and approval of textbooks The Law governs the The Law regulates the organization, functioning and functioning the organization, The Law regulates Official Gazette of the RM 99/2009; 83/2010; 36/2011; 135/2011; 46/2012. Official Gazette of the RM Official Gazette of the RM, no. amendment to other Court of the RM 31/2005; 102/2005; 226/2008; 35/2006; 30/2007; law 40/2003; 42/2003; 67/2004; 55/2005; 113/2005; 156/2010; 18/2011; 49/2007; 81/2008; 92/2008; 33/2010; 116/2010; 51/2011; 6/2012; 100/2012. Court of the RM 196/2007; – amendment to other law 82/2005; 24/2007; 116/2010; 47/2011; 51/2011.
15 13 14 considered fundamental values of the state in the Republic of considered fundamental values of the forms of cultural Macedonia. The law covers the various of their financing, and achievements, the manner and conditions activities are other issues related to culture. The following for primary and secondary education. Monitoring and assessment use in educational activities is also regulated. of these textbooks’ for are managed by the National Committee All these processes the communities where equitable participation of all Textbooks, a textbook to the law, shall be practiced (Article 7 p. 4) According material that is found to can be withdrawn from use if containing be insulting to the history, of by the citizens culture or values held people, or by the the Republic of Macedonia, the Macedonian Vlachs, living within its borders, including Albanians, Turks, citizens groups living within the Serbs, Roma, or Bosniaks, as well as other borders of the Republic of Macedonia. management of secondarymanagement in a The right to education education. the issuing of guaranteed, so is language is national minority minority language education and certificates of national The textbooks in minority languages. theapproval of educational all of equitable participation for law stipulates the practicing election of educational staff. communities in the The Law on Culture The Law The Law on Textbooks for Primary and Secondary Education Primary and Secondary for on Textbooks The Law The Law on Secondary Education on Secondary The Law considered to fall within the purview of the Law on culture: cultural production, presentation of creative work, as well as protection and use of creative work. One of the priorities is “providing conditions for realization and protection of cultural identity of communities” in the Republic of Macedonia.
Law on the Use of a Language spoken by at least 20% of the Citizens of the Republic of Macedonia and Local Government Units16
The Law regulates the use of minority languages spoken by at least 20% of population at the national level or within the various units of local self-government. This includes the use of such minority languages in the Parliament, in communication between citizens and ministries, in court procedures and in public life.
Law on the Use of Communities’ Flags in the Republic of Macedonia17 The Law regulates the manner in which the communities in 194 Macedonia can use flags to express their identity and
Rubin Zemon characteristics in public, official and private life.
The Law on Holidays18 According to the provisions of the Law, the following days are designated as official non-working holidays: 22 November (for the members of the Albanian community), 21 December (for the members of Turkish community), first day of Yom Kippur (for the members of the Jewish community), first day of Christmas, second day of Easter and All Saints holiday, according to the Gregorian calendar (for the members of the Catholic community), 27 January (for the members of the Serbian community), 8 April (for the members of the Roma community), 23 May (for the members of the Vlach community) and 28 September (for the members of the Bosniak community).
16 Official Gazette of the RM, no. 101/2008 17 Official Gazette of the RM, no. 58/05 – decision of Constitutional Court of R.M. 133/2005-0-1; amendment to other law 100/2011. 18 Official Gazette of the RM, no. 21/98 – amendment to other law 18/07. 195 edited volume , no. 150/ 2007. (Article 9) the Committee shall consider (Article 9) the Committee shall consider 19 According to the Law on the Committee for Inter- According to the Law on the Committee The Committee considers issues pertaining to inter- The Committee considers The Committee was established under Amendment XII of under Amendment was established The Committee Official Gazette of the RM
19 instruction in the language of the communities that are not in the of the communities in the language instruction communities which are not in the majority in the Republic of in the Republic are not in the majority which communities and the Law; within the Constitution as stipulated Macedonia, general acts that regulate the relations between communities; the relations acts that regulate general relations and the implementation of laws, other regulations and other regulations of laws, the implementation and relations between communities; the relations acts that regulate general law to the members of the communities that are not the majority in that are not members of the communities to the law of Macedonia; the Republic Community relations community relations in the Republic, makes evaluations and and evaluations community relations in the Republic, makes Assemblyoffers proposals for their solution. The of the Republic the opinions and proposals of of Macedonia is obliged to consider the committee. the Constitution, referring to Article 78. The Committee consists of to Article 78. The Committee the Constitution, referring 14 are parliamentary19 members, of which of representatives while the Turks, (7 members each), Macedonians and Albanians each. and Bosniaks have one representative Vlachs, Roma, Serbs does not states that if one of the communities The article further after the Public Attorney (the Ombudsman), have representatives, representatives of those communities, consultation with relevant The members of the Committee. shall propose the remaining Assembly elects the members of the Committee. Bodies Involved in the Protection of Minority Rights in the Protection Bodies Involved Relations Inter-Community for The Committee • ensure in the field of education, the enforcement of the right to the enforcement of education, the field ensure in • • ensure the right to use the language and alphabet of the ensure the right to use the language • • indicate the need for the adoption of laws, other regulations and other regulations the adoption of laws, the need for indicate • • conduct the principal review of the issues pertaining to community community the principal review of the issues pertaining to conduct • • monitor the provision of the rights stipulated in the Constitution and of the rights in the Constitution monitor the provision stipulated • issues regarding the relations among the communities in the issues regarding the relations among Republic of Macedonia, and especially: majority in the Republic of Macedonia, as stipulated in the Constitution and the Law; • ensure the enforcement of the right of the communities that are not in the majority in Macedonia to express their identity and characteristics in the field of culture, information, publishing and other areas as stipulated in the Constitution and the Law; • ensure the implementation of the principle of adequate and equitable representation of citizens of all communities in the state government bodies and other public institutions at all levels.
Committee on the Political System and Inter-Community Relations The Committee on the Political System and Inter-Community Relations has been set up within the National Assembly of the Republic of Macedonia. The Committee consists of the chairperson and 12 members, with their deputies, all of whom are members of the Assembly. In addition to monitoring the political system in Macedonia, the Committee considers issues such as the right of the 196 various communities to use their respective languages and
Rubin Zemon alphabets; and also aims to ensure the protection of ethnic, cultural, linguistic and religious identities of the communities, as well as other issues related to the political system and community relations.20
Agency for the Implementation of Community Rights The Agency for the Implementation of Community Rights21 was established under the Law on Promotion and Protection of the Rights of the Members of the Communities making up less than 20% of the population in the Republic of Macedonia, adopted on 17 July 2008. The main objective of the Agency is to enable greater integration of the communities’ members as equal citizens of the country in all the spheres of social life, while preserving their right to express their ethnic and cultural particularities. The Agency monitors implementation of the laws related to the rights of
20 http://www.sobranie.mk/?ItemID=D2DACB3AD239014B8B31650EF00E 15C8 21 http://www.aopz.gov.mk/ 197 edited volume Law on Law Department (a department has a commitment to fully implement the has a commitment to fully implement
the Agency with that should align its work 22 Department for Development and Promotion of and Promotion Development Department for (a department within the Ministry of Culture). The the Ministry (a department within of Culture). , the This Secretariat Secretariat for Implementation of the Ohrid Framework Ohrid Framework of the Implementation Secretariat for http://www.siofa.gov.mk/ 22 Ohrid Framework Agreement and to provide administrative and Ohrid Framework of the Government of the expert support to the Deputy President for the implementation Republic of Macedonia, who is responsible Agreement Agreement. The Ohrid Framework of the Framework agreement” which was signed on 13 August 2001, as a “peace an end. Its main aim has been brought the conflict in Macedonia to development of civil to promote a peaceful and harmonious As by respecting ethnic identity and interest of all citizens. society, a result of this Agreement, a list of constitutional and legal reforms was made, which shall be implemented by the Government within a number of spheres. The Secretariat for Implementation of the Implementation The Secretariat for Agreement (SIOFA) Ohrid Framework Promotion and Protection of the Rights of the and Protection Promotion of the of the Members in the of the population than 20% making up less Communities of Macedonia, Republic of the Agreement Members of Communities’ in the Languages Education communities making up less than 20% of the population of the than 20% of the population making up less communities of the to the provisions of Macedonia. According Republic within the Ministry of Education and Science) and the within the Ministry and Science) of Education Cultures in the Republic of Community Affirmation and Promotion for of Macedonia Agency and implementation of the monitors the enforcement the position, rights, liabilities and activities related to cooperates of the communities. It also development of capabilities are dealing with the with NGOs and other organizations that with municipalities, through rights of the communities, as well as to resolve issues related sharing opinions and experiences in order of rights of the communities. The Agencyto the exercise regulates education in their mother the rights of communities entitled to the right to form identity, tongue, the right to protect cultural associations, right to employment, etc. The Priorities and aims of the SIOFA are as follows: 1. Monitoring and development of equitable participation; 2. Development and improvement of the capacities for analysing political affairs and coordination; 3. Ensuring regular and timely information of the public about the implementation of the Framework Agreement; 4. Coordination, promotion and monitoring of the development of an integral educational system. 5. Coordination, promotion and monitoring of the process of decentralization. 6. Coordination, promotion and monitoring of the progress in the implementation of the Law on the use of the language spoken by at least 20% of the citizens of the “Former Yugoslav Republic of Macedonia” and the local government units. 7. Coordination, promotion and monitoring of the progress made in implementing anti-discrimination measures. 8. Development and strengthening of cooperation with civil society organizations. 198
Rubin Zemon The Department for Development and Promotion of Education in the Languages of Communities’ Members
This department is established within the Ministry of Education and Science and consists of two sections: 1. Section for Albanian, Turkish, Serbian, Roma, Vlach and Bosnian languages; and 2. Section for peace and justice for children from all the communities.23
Department for the Affirmation and Promotion of Community Cultures in the Republic of Macedonia
This body was founded within the Ministry of Culture, and it also contains two sections24: 1. Section for encouraging and promoting cooperation with neighbouring and European countries for international technical
23 http://www.mon.gov.mk/en/ministerstvo/2010-05-14-08-54-49 24 http://www.kultura.gov.mk/index.php/minister/sektori 199 edited volume Committee for Inter-Community Inter-Community for Committee , no. 60/03, 22.09 2003. ; and . The Ombudsman is responsible for protecting The Ombudsman is responsible for protecting 25 (CICR) has been stipulated by Article 55 of the Law on has been stipulated (CICR) The responsibilities of the Ombudsman of the Republic of The responsibilities of the Ombudsman The establishment of the The establishment Official Gazette of the RM
25 cultural creative works nurturing and presen- cultural protection, and the in the Republic heritage of the communities tation of the cultural of Macedonia assistance aimed at fostering and promoting the cultural identity promoting the cultural and at fostering aimed assistance and the support Macedonia of in the Republic of the communities Office of the Director’s Section for the promotion, advancement and presentation of and presentation the promotion, advancement for Section 2. Macedonia are regulated by the Constitution and the Law on the Macedonia are regulated by the Constitution Ombudsman. Relations 20% of In the municipalities where a least Local Self-Government. (according to the last population census) the total population CICR has to be established. CICR a community, belongs to a certain from all the contains an equal number of representatives Municipality municipality. communities that are living within the CICR members. The Statute regulates the election of the for inter-community Committee oversees the issues relevant proposals for solving the relations, and it provides opinions and are obliged to consider issues that emerge. Municipality councils these the CICR and to take the opinions and proposals made by into account when making decisions. constitutional and legal rights of citizens and other persons when constitutional and legal rights of citizens omissions by state and other they are violated by acts, actions and The Ombudsman bodies, or organizations with public authorities. actions and measures to protect the principles of shall take of communities at non-discrimination and equitable representation and public the state level, in the bodies of local self-government institutions and services. Ombudsman Office The Committee for Inter-Community Relations (CICR) Relations Inter-Community for The Committee Assessment and Issues Concerning Macedonian Multiculturalism
Determination /Identity In the Republic of Macedonia, there is no definition of national minorities. The Advisory Committee (AC) of the Framework Convention for the Protection of National Minorities (FCNM) in all three cycles pointed to a non-flexible approach by the Macedonian authorities when it comes to the scope of application of the Framework Convention. In their latest opinion of 7 December 2011, the Advisory Committee urged the authorities to engage in a dialogue with the persons belonging to groups interested in the protection offered by the Framework Convention. In particular, the authorities were encouraged to intensify their dialogue with the representatives of the Egyptian community, and to consider introducing measures leading to the recognition of the status of persons of Croat ethnicity, as a national minority26. Highly interesting is the case of the identity development of the Torbeshi community in Macedonia. The estimated number of 200 this community’s members in Macedonia amounts to some
Rubin Zemon 150,000 people while their recognised identity fluctuates between Muslim Macedonian, Albanian and Turkish. However, in the previous 15 years, the identification of people having the Torbeshi identity as a separate and particular community in Macedonia have been causing many reactions in Macedonian political and scientific circles. In 2006, the leader of the Party for European Integration (PEI) Mr. Fijat Canoski, became a member of the Parliament of the Republic of Macedonia, and in his parliamentary addresses he declared that he would represent and protect the interest of the Muslim population in Macedonia known as Torbeshi, or as he liked to say “people of my kind (soj)”! Subsequently, in 2010, the Torbeshian Cultural and Scientific Centre ‘Rumelija’ was established with Sherif Ajradinoski as its chairman, which in January 2011 proclaimed the ‘Torbeshi Declaration’, demanding that the Torbeshi community be recognized as a separate community in Macedonia and included in the Preamble of the Constitution of the
26 http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/ PDF_3rd_OP_REPUBLICOM_en.pdf, p. 10. 201 edited volume Committee for Inter-Community Inter-Community for Committee but their request was rejected! communities in public bodies and public 27 all is exclusively reserved is exclusively members of the communities for the The right to participate in the used when laws or decisions concern multicultural issues, where more than 50% of the MPs belonging to minority communities have to vote for the adoption of such laws or decisions. “Badinter majority” is a voting mechanism in the Macedonian Parliament 27 institutions. The specifically defined number and nationality of theinstitutions. The specifically defined number members designated to serveCommittee for Inter- on the members of the “other”Community Relations, exclude communities Committee. Representativesliving in Macedonia from sitting on the of the remaining 10 “other” communities, are thus prevented from in the Committee,representing the interests of their communities, granted the mandate toeven though the Committee has been interests of the citizensreview the issues that directly affect the belonging to these communities. In practice, the Committee for Effective Participation in Public Life Effective Republic of Macedonia. The reaction of the Union of Macedonian of Macedonian reaction of the Union of Macedonia. The Republic ferventMuslims was and imminent, included organizing and the national in cooperation with public discussions scientific of history,institutes the language and folklore, Macedonian the Institute of Ancient and Anthropology, Institute of Ethnology Cultural and the Macedonian Ethnologists Society. Slavic Culture responded with a public discussion, ‘Rumelija’ and Scientific Centre Kosovo scholars from Macedonia, Albania, too, where prominent for the by providing the scientific basis and Bulgaria contributed conflict this identity However, identity. Torbeshi recognition of the networks, limited to scientific circles! On social in Macedonia is not in a proper the opposing sides are engaged especially Facebook, to parliamentary When it comes politics, three cyber war. to be to this community demanded Macedonian MPs belonging according to the so-called recognised as such and allowed to vote “Badinter majority”, Relations the Constitution, thusthat are mentioned in the Preamble to other communities and national minorities. This excluding stipulated in the amendmentcontradicts the constitutional provision adequate and equitableVI to the Constitution, which guarantees representation for Inter-Community Relations is, however, almost marginalized in the political system. The number of the sessions held annually by the Committee is quite small (1-2). Furthermore, the most critical issues concerning inter-community relations, inter-cultural communication, or development of multiethnic or multicultural society have never made it onto the Committee’s agenda. The influence of the Committee for Inter-Community Relations in the Republic of Macedonia is therefore assessed to have been limited thus far. In the absence of clear competences, budget and mandate, the Agency for the Implementation of Communities’ Rights has not undertaken any substantial activities or initiatives to defend the interests of the minorities with a small number of members and is unable to accomplish most of its tasks stipulated by the law.28 According to Article 17 of the Law for the Protection of Rights of Communities that make up less than 20% of total population, a special fund should be created within the Agency, with the aim to create specific programs to implement and promote the rights of the communities. The fund should be financed from the state 202 budget. NGOs should be able to apply for funding from this Fund,
Rubin Zemon based on regular calls for proposals made by the Agency. Unfortunately, we can conclude that in the 9 years since this piece of legislation came into force, the Agency has not published any calls for proposals addressed to the NGOs dealing with the protection and promotion of the rights of communities.29 Employment in the Agency is reserved only for the members of the communities which make up less than 20% of the total population and are simultaneously mentioned in the Preamble of the Constitution (Turks, Serbs, Vlachs, Roma and Bosnians), even though the principle of equitable representation needs to be observed. The members of the so-called “other communities” have no representative in the Agency that would be responsible for addressing the problems and needs of “other” communities.
28 Annual reports of the Agency may be find on: http://www.aopz.gov.mk/ materijali/Izvestaj%20za%202011.pdf EC progress reports for 2009, 2010 and 2011refers to lack of capacities and funds of the Agency to fulfil its mission. 29 http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/ mk_rapport_2010_en.pdf, (pp. 21-22). 203 edited volume
32 The 2010 EC Progress Report also The 2010 EC 33 (SIOFA) has focused much of its attention much of its attention has focused (SIOFA) Secretariat for Implementation of the Ohrid Implementation for Secretariat Only a few less significant projects have Only a few less significant 30 The 2010 EC Progress Report further concludes The 2010 EC 31 . According to the EC progress report from 2011, the progress . According to the EC 34 In practice, the In practice, mk_rapport_2010_en.pdf, p. 21. mk_rapport_2010_en.pdf, p. 21. mk_rapport_2010_en.pdf, mk_rapport_2010_en.pdf, p. 21. mk_rapport_2010_en.pdf, p. 21. mk_rapport_2010_en.pdf, Risteska M & Daskaloski Zh (eds), 2011, One Decade after the Ohrid Risteska M & Daskaloski Zh (eds), Learned from the Macedonian Agreement: Lessons (to be) Framework (http:// Experience, Center for Research and Policy Making, Skopje. www.crpm.org.mk/?page_id=695) http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/ http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/ http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/ http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/ http://www.seeu.edu.mk/files/research/projects/OFA_MK_Final.pdf ; http://www.seeu.edu.mk/files/research/projects/OFA_MK_Final.pdf 33 34 31 32 30 that “Nine years after the signature of the Ohrid Framework the Ohrid Framework that “Nine years after the signature of has so far not produced a report on its Agreement the SIOFA implementing the OFA.” activities and the progress achieved in Framework Agreement Framework minority in the the largest national employment of on increasing the Albanians. In all mandates, of Macedonia, the Republic (deputy Prime Minister) has been for the SIOFA responsible person an ethnic Albanian. focused on other (non-Albanian) minority communities in minority communities focused on other (non-Albanian) not provided have that the SIOFA Macedonia. It is assessed sufficient, information about the regular and comprehensive Agreement. of the Ohrid Framework progress in the implementation indicated: “SIOFA Report for the country,In the 2010 Progress EC while the and strategic planning capacities, still lacks administrative resources and internal control standardsapplication of the human are insufficient.” The 2010 EC Progress Report assessed that “monitoring and Progress The 2010 EC of the Ohrid Framework coordination of the implementation concerned is still weak”,Agreement among all administrative bodies to ensure its effective and that “greater efforts are needed spirit of the Ohrid implementation and full respect of the Agreement.” Framework concluded that “efforts are needed to foster enhanced trust concluded that “efforts are needed to in the areas of culturebetween the ethnic communities, especially and language” SIOFA strategic planning capacities and internal control standards remained low.35 The EC Progress Report for 2012 concluded that the SIOFA recruited new senior staff, but further significant efforts are necessary to strengthen the capacity of the SIOFA36. Thus far, neither the Department for the Development and Promotion of Education in Languages of Members of Communities within the Ministry of Education, nor the Directorate for cultural promotion and improvement of the communities within the Ministry of Culture, have produced any annual reports. Thus, none of the above-mentioned bodies have been able to demonstrate transparency or public visibility. The high threshold needed for establishing where and when a community make up at least 20% of the total population in a municipality, presents a strong barrier for establishing Committee for Inter-Community Relations (CICR) in many regions of the Republic of Macedonia. Even though all 84 municipalities in Macedonia are multiethnic and multicultural, only 20 municipalities – that is 24% of the municipalities – have made a legal commitment 204 to establish a CICR. Only 6 out of these 20 municipalities are mixed
Rubin Zemon urban and rural municipalities; the remaining 14 are rural municipalities. Such high threshold for establishing CICRs prevents institutional dialogue and the development of tolerance at the municipality level in many parts of the country. However, as a gesture of “good will”, CICRs have been established on voluntary basis in 14 additional municipalities even though the threshold of a community making up 20% of the population has not been reached. A small number of the CICRs improved their capacities and visibility within their community. According to the EC progress reports, their effectiveness is limited by poor operational capacity, unclear competences and weak status.37 Their role is still largely unknown to the public, and their recommendations are often
35 http://ec.europa.eu/enlargement/pdf/key_documents/2011/package/ mk_rapport_2011_en.pdf, p. 19. 36 http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/ mk_rapport_2012_en.pdf, p. 17. 37 http://ec.europa.eu/enlargement/pdf/key_documents/2011/package/ mk_rapport_2011_en.pdf (p. 20); http://ec.europa.eu/enlargement/ pdf/key_documents/2011/package/mk_rapport_2011_en.pdf (p. 21). 205 edited volume 39 The 38 Minority NGOs lack adequate information about the Minority NGOs lack adequate information Even though the numbers of voters belonging to national though Even The Ombudsman office issues an annual report about the issues an annual report about the The Ombudsman office Izvestaj%20-2011.pdf (pp.12-13). PDF_3rd_OP_REPUBLICOM_en.pdf http://ombudsman.mk/ombudsman/upload/documents/2012/SPZ- http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/ 38 39 diversity of society, promotion of culture and cultural values of diversity of society, minorities in the Republic of Macedonia is sizeable (more than 25 % (more than 25 is sizeable minorities in the Republic of Macedonia the present minorities), of Albanians and around 15% of other division into six electoral units for parliamentary and elections allow political proportional electoral model does not to collect enough votes for representatives of smaller minorities political representatives electing independent candidates. Minority pre-electoral coalitions with mainstream and parties must make parties if they want to enter into parliament, but their influence in such cases is very Minority political representatives have limited. of a seventh electoral unit frequently required the establishment for minorities to span the entire territory of the country, but this request has never been seriously considered. data presented in the report is collected on the basis of feedback report is collected on the basis of data presented in the public that are disseminated to all state and from questionnaires the Ombudsman office received feedback institutions. In 2012, the that were requested to fulfil from 972 of 1082 institutions data. remaining 110 did not respond or submit questionnaires. The for legal instrument does not have any The Ombudsman office for that do not respond to their call sanctioning institutions all about equitable representations of submitting the data This limits the impact communities in state and public institutions. on the implementation of the Ombudsman office is able to assert the Republic of Macedonia. national minority rights in practice in Education monitoring of equitable representation in public institutions. monitoring of equitable neglected. In many municipalities, the committees are not the committees municipalities, In many neglected. the ethnic does not reflect and their composition functional insufficient or they have of the local population, structure in the municipality. communities living of the ethnic representation national minorities, education about multiculturalism and inter- cultural communication. The Advisory Committee of the FCNM in its latest opinion for the country recommend that “the authorities should continue to review the existing textbooks in consultation with minority representatives, with a view to ensuring a better reflection of the history, culture, traditions, and the current situation of national minorities, which should form a part of the curriculum for all students in order to foster mutual respect and understanding”. The FCNM Advisory Committee further calls upon “the authorities to step up their efforts to create opportunities for contact among school children of different ethnic backgrounds in the school context and by organising joint curricular and extra- curricular activities.”40 The issue of separated/segregated schools or ethnic shifts is very sensitive and politicized in the Republic of Macedonia. Division along ethnic lines between the two major communities (Macedonians and Albanians) is very present in schools in the western part of the Republic of Macedonia, as well as in the capital of Skopje. 206 Although education in minority languages is guaranteed by
Rubin Zemon the Constitution and by law, especially for those communities mentioned in the Preamble of the Constitution, in practice, this provision is mainly implemented for the Albanian community. In schools where the number of pupils does not fulfil the necessary conditions for establishing a class to be instructed in their mother tongue, it would be possible to organize classes at the municipality level. But no such activities have thus far been undertaken, especially for the smaller minorities. The organization of bilingual education is a very delicate issue, and one that is difficult to implement in practice. This has particularly been the case with attempts at encouraging bilingual education in municipalities where majority of population are Albanians. Challenges are encountered both in terms of reluctance within the Albanian community towards learning the Macedonian language, and similarly, reluctance towards learning the Albanian language among the Macedonians living in the areas that are
40 http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/ PDF_3rd_OP_REPUBLICOM_en.pdf, pp. 23-24. 207 edited volume
42 In municipalities and school areas where and school In municipalities 41 Within the legal framework, incitement to national, religious incitement to national, religious Within the legal framework, On the other hand, in the public broadcast service,On the other hand, in the public broadcast the voicesonline.org/2011/03/31/macedonia-bulgaria-facing-hate-speech/ http://okno.mk/sites/default/files/048-Crna-kniga.pdf , http://global- http://www.unicef.org/tRepublicmacedonia/INCLUSIVE_REPORT_MKD.pdf http://www.unicef.org/tRepublicmacedonia/INCLUSIVE_REPORT_MKD.pdf 41 42 and ethnic hatred is considered a criminal offense. However, considered a criminal offense. However, and ethnic hatred is has considerable amount of hate speech despite the fact that media, there has not appeared in print in both new and traditional to court. The speech taken been a single indictment against hate in public the freedom of discourse of hate speech is perceived human rights of minorities expression rather than a threat to the the passive groups. This greatly contributes to and marginalized and regulatorystance of the self-regulatory mechanisms. Civil in public on several organizations have addressed the issue activities. An additional occasions, but in context of their other problem is the low level of media literacy within the civil society are simply not able and Macedonian society in general. They sector, hate speech for what it is, or they misinterpret it.to recognize the majority of population is Albanian, a number of schools have Albanian, a number of population is the majority figures. This has Albanian historical with names of been renamed the local and competences of about the caused uncertainty since according to the Law on Primarynational institutions, be verified by decision made by school councils shall the Education the under the Ministry hand, however, On the other of Education. falls the management of schools Law on Local Self-Government, of the municipalities. under the competences second channel has been devoted entirely to broadcasting in the second channel has been devoted entirely are 65 hours a week of languages of national minorities. There in and 1½ hours in Turkish, broadcasting in Albanian, 17½ hours Serbian, Romani, Vlach and Bosnian each. The Advisory Committee The mainstream media are very reluctant to inform on minority members of national issues and the challenges met by the the public about the minorities. For example, no media informed latest opinion of Advisory Committee of the FCPNM. Media predominantly Albanian. predominantly of the FCNM recommended the authorities “…to develop and support initiatives to increase mutual understanding and intercultural dialogue through the media. Whilst fully respecting the editorial independence of the media, they should identify means of encouraging the latter to develop multicultural programs and promote dialogue between different communities both through content and through a more inclusive choice of participants in media dialogue”.43 The FCNM Advisory Committee also noted that “greater attention should be paid to vocational training for journalists and other media professionals, especially to those working in multicultural environments”, and that “efforts made by the media themselves and by associations of media professionals to strengthen their systems of self-regulation and self-monitoring should be encouraged and supported”.44
Conclusion
208 In the Republic of Macedonia, the terms ‘parts of nation’
Rubin Zemon and ‘community’ used in the Constitution of the Republic of Macedonia lack either legal definition or interpretation. This situation generates problems of unclarity in the legal framework, political system and public life in Macedonia. The reference to or the lack thereof, of the “parts of nation” or “community” in the Preamble of the Constitution also contributes to discrimination on ethnic basis when it comes to the enjoyment of civil and minority rights by members of the communities living in the territory and who are citizens of the Republic of Macedonia. Members of the communities not mentioned in the Preamble of the Constitution are excluded from most of the rights enjoyed by the members mentioned in the Preamble of the Constitution of the Republic of Macedonia. The main pillar in implementing minority rights is the Ohrid Framework Agreement (OFA) from 2001, which brought peace
43 http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/ PDF_2nd_OP_REPUBLICOM_en.pdf, p. 22. 44 http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/ PDF_2nd_OP_REPUBLICOM_en.pdf, p. 22. 209 edited volume A low level of inter-cultural communication, development of A low level of inter-cultural Macedonian multicultural model places Macedonia on the Macedonian multicultural model places fragmented (parallel) societies, low level of multicultural education fragmented (parallel) societies, low level not influential participation and tolerance to diversities, formal and by the members of in public life and decision-making processes of the society to minorities’ minority communities, non-sensitivity issues etc., are the main challenges related to minority protection in the Republic of Macedonia. list of countries with the so-called “Negative concept of protection list of countries with the so-called “Negative it comes to those of national minorities”, especially when of the total population in minorities that do not amount to 20% responds only when violation Macedonia. This means that the state without (interested parties), of the rights is reported by the victims and equal entities of including the minorities, as active, influential the plural society and its political composition. after the country’safter the Agreement war conflict. While the Peace conflict in the country,ended the to solving has not contributed it and their rights of minorities regarding cultural the issues following the consequences One of the unintended protection. has is that the Republic of Macedonia the OFA, implementation of state and from a multicultural to a bi-cultural slowly transformed and public attention has This is largely because political society. overwhelmingly inter-ethnic focused on Macedonian-Albanian some There have nevertheless been relations and confrontations. of it comes to equitable representation improvements when Preamble other communities mentioned in the Albanians and the as the percentage of in Macedonian society, of the Constitution in both cases have increased. participation and representation have dealing with the protection of minorities While certain laws to implement these in been created and adopted, the attempts considerable obstacles, and practice have generally been met by tendencypostpone their implementation perceiving these as to ‘non-urgent issues’. Bibliography
Chua A. 2009. Day of Empire: How Hyperpowers Rise to Global Dominance – and Why They Fall, Knopf Doubleday Publishing Group. Kolb E. 2009. The Evolution of New York City’s Multiculturalism: Melting Pot or Salad Bowl. Kymlicka W. 1999. Ethnic relations and Western Political Theory, in: Habitus, Novi Sad. Semprini A. 2004. Multikulturalizam, Clio, Beograd. Smith A. D. 1991. National Identity, Penguin Books Ltd, London, 1991. Translated into Serbian by Slobodan Đorđević, 1998, XX vek, Beograd. Škarić S. 2016. Minority Communities in Macedonia: Constitutional and Other Legal Regulations, in Serbian Academy of Sciences and Arts - Institute of Social Sciences, State and Perspectives of Multiculturalism in Serbia and the Countries in the Region, Proceedings of the Scientific Conference held on December 10-11, 2015, 337-353. Stankovic Pejanovic V. 2016. Ambivalence of Multiculturalism in Macedonia, in Serbian Academy of Sciences and Arts - Institute of Social Sciences, State and Perspectives of Multiculturalism in Serbia and the Countries in the Region, 210 Proceedings of the Scientific Conference held on December 10-11, 2015,
Rubin Zemon 355-375. Žagar M. 2010. Some Newer Trends in the Protection and (Special) Rights of Ethnic Minorities: European Context; in Minorities for Minorities, Center for Peace Studies, Zagreb. 211 edited volume From Segregative to , 2010, etc.) and more , 2018; Temptations of Democracy Temptations , 2015; holds a PhD from the Faculty of holds a PhD from the Faculty ć Political Action Political , 2006; (e-mail: [email protected]) is an (e-mail: [email protected]) ć (e-mail: [email protected]) is a Principal (e-mail: [email protected]) ć Multiculturalism and Ethnicity Multiculturalism Ružica Jakeševi Goran Baši in a Multiethnic Society Integrative PolicyIntegrative of Multiculturalism multiculturalism. than a hundred papers on ethnicity and Political Sciences of the University of Belgrade. He has authored eightPolitical monographs ( Science, University of of Political assistant professor at the Faculty Zagreb and the Head of the Center for International and Security Her field of expertise are international Studies (www.fpzg.hr). relations and security studies, with particular emphasis on security operations. policies, international organizations and peacekeeping She is the author of one book and numerous scientific articles. Research Fellow at the Institute of Social Sciences in BelgradeResearch Fellow at the Institute of Social (since 2015), He is the Director of the Institute (www.idn.org.rs). Secretary and Arts Commission of the Serbian Academy of Sciences and a member of the Councilfor Study of Human and Minority Rights Advisoryof Europe Committee for monitoring the Framework Minorities. He is theConvention for the Protection of National and (www.ercbgd.org.rs) founder of the Ethnicity Research Centre for Research Support incoordinator of the Academic Network Goran Baši Southeast Europe. About the authors About the has ć has held the position of Vice Dean for has held the position ć (e-mail: [email protected]) is an (e-mail: [email protected]) alasan (e-mail: [email protected]) alasan (e-mail: [email protected]) ć Ć - ć (e-mail: [email protected]) is a Full is a Full (e-mail: [email protected]) uši ć č (e-mail: [email protected]) is an Assistant (e-mail: [email protected]) ć Danijela Vukovi Siniša Tatalovi Mirza Smaji Antonija Petri Antonija is an Assistant Professor at the Faculty of Political Science at the of Political is an Assistant Professor at the Faculty Montenegro (www.ucg.ac.me).University of Montenegro, Podgorica, published four books and studies, numerous scientific and published four books and studies, numerous expertise articles in BiH and abroad. University of Zagreb, Science, of Political Professor at the Faculty of at the Faculty and Visiting Professor Croatia (www.fpzg.shr) Sciences, University of Belgrade. He has been teaching at Political all levels (B.A., Science, of Political M.A., at the Faculty Ph.D.) for various subjects in University of Zagreb as a course coordinator Science, International Relations, National the field of Political Security and Ethnic Studies. Professor at the Faculty of Political Sciences, University of Sarajevo. Sciences, University of of Political Professor at the Faculty Since 2015, Mirza Smaji at the Department for Student Affairs. He is also a Guest Professor Sciences and Mathematics at of Natural of the Faculty Geography lecturer at the course the University of Sarajevo. He is a permanent by the OSCE “Security organized policyand Herzegovina” of Bosnia the Ministry and Mission to Bosnia and Herzegovina of Security of interest are: His major areas of research Bosnia and Herzegovina. internal human security, security studies, international security, of law and (border) security and studies for the implementation Mirza Smaji police forces. As an author and co-author, Assistant Professor at the Department of Sociology at the Faculty Assistant Faculty of Sociology at the at the Department Professor Croatia. She serves of Zagreb, University the as an expert in of Law, Advisory Convention for the on the Framework Committee Human Minorities and is a member of the Protection of National Croatian Ombudswoman. Her research Rights Council of the states in South- post-conflict of the focuses on Europeanization to democratization, with particular reference Eastern Europe, migration, relations, minority rights, political culture, inter-ethnic and asylum.
Аутор 212 213 edited volume alasan has authored a alasan has authored Ć - ć protection of national minorities, multiculturalism. Mitja Žagar (e-mail: [email protected]) is a Research Rubin Zemon (e-mail: [email protected]) is a cultural [email protected]) Rubin Zemon (e-mail: Councillor at the Institute for Ethnic Studies, Ljubljana, Slovenia Councillor at the Institute for Ethnic Studies, and Professor at the Universities of Ljubljana Full (www.inv.si), at several universities Primorska/Littoral, guest lecturer/professor Council of the Slovenian abroad and member of the Scientific research fields include human rights, His main Research Agency. and comparative protection of minorities, international comparative politics, transformation, transition, constitutional law, and diversity management. anthropologist (ethnologist), Associateanthropologist (ethnologist), at the University Professor as a Special Macedonia. He is currently appointed Skopje, Euro-Balkan, of Macedonia for Adviser to the Prime-minster of the Republic interculturalism and inter- development of multicultural society, fields include identities,cultural communication. His main research ethnicity, monograph and several scholarly papers. monograph and several She holds a Master’sShe holds from the University Science Degree in Political Science from the in Political (2009) and a PhD of Belgrade in Political She teaches courses of Belgrade (2014). University Theory, and Political Ethnic Relations Ethnicity and Globalisation, and national fields of interest are ethnic Her academic Culture. globalisation and contemporaryrelations and identities, political theorytheories (including She did and politics of multiculturalism). University of Vienna. Science Institute, a research at the Political within the ERASMUS+She was a visiting professor programme at Vukovi Poland. Opole University,
CIP – Каталогизација у публикацији – Народна библиотека Србије, Београд
323.15(4-12)(082) 316.7(4-12)(082)
MULTICULTURALISM in Public Policies : edited volume / editors Goran Bašić, Mitja Žagar, Siniša Tatalović. – Belgrade : Institute of Social Sciences ; [s. l.] : Academic Network for Cooperation in South East Europe ; Ljubljana : Institute for Ethnic Studies ; Zagreb : Center for International and Security Studies of Faculty of Political Sciences, 2018 (Belgrade : Faculty of Technology and Metallurgy, Research and Development Centre of Printing Technology). – 213 str. ; 22 cm
Tiraž 200. – Napomene i bibliografske reference uz tekst. – Bibliografija uz svaki rad. – Abstracts.
ISBN 978-86-7093-203-6 (ISS)
a) Националне мањине – Југоисточна Европа – Зборници b) Мултикултурализам – Југоисточна Европа – Зборници COBISS.SR-ID 262982156